Navigating a Divorce When One Spouse Suffers from a Serious Mental Illness

 Posted on April 17, 2023 in Divorce

 Divorce is hard enough as it is, but it can become even more complicated if one spouse has a severe mental illness. There are many important things to consider as you begin the divorce process. If you are looking to divorce your spouse and are concerned with how their mental illness may play a role in proceedings, contact an experienced divorce attorney to ensure your rights are protected and you have access to the legal support you need.

Here is What to Keep in Mind

Keep in mind that in Illinois, mental illness is not a factor that can be considered when determining the grounds for divorce. Illinois is a "no-fault" state, which means that the grounds for divorce are irreconcilable differences. This can be a helpful factor in cases where mental illness is a factor, as it can help to remove any stigma or bias from the proceedings. 

It is essential to be aware of the potential challenges that may arise during the divorce process. If your spouse has a severe mental illness, they may have difficulty understanding or participating in the divorce process. They may also struggle to make certain decisions, communicate effectively, or manage emotions. To complicate matters further, suffering from a mental illness may increase the likelihood that your spouse experiences financial difficulties, making the situation even more challenging. They may struggle to maintain employment, manage their money, or make financial decisions. 

It is also essential to consider the impact of mental illness on any children involved in the divorce. Consider working with a mental health professional to ensure the children are safe and well-cared for during the divorce process. This may also include working with a custody evaluator or parenting coordinator to determine the best possible outcome for the children.

Finally, being patient and compassionate throughout the divorce process is important. Divorce can be a difficult process already, and it can be even more challenging if a spouse has a serious mental illness. Therefore, it is crucial to be as patient as you can with your spouse and seek mental health professionals' guidance to ensure that everyone involved is supported and cared for throughout the process. 

Contact a Schaumburg Divorce Lawyer

For highly experienced and compassionate legal counsel, look no further than the skillful Schaumburg divorce attorneys at A. Traub & Associates. Our dedicated attorneys understand the delicate nature of this situation and can work with you throughout the process. Call 630-426-0196 for a private consultation.

Source - https://www.marriage.com/advice/mental-health/divorcing-a-spouse-with-mental-illness/