Your Spouse Suffers From Issues With Mental Health. Divorce May Be an Option to Protect Your Future
As you prepare to end your marriage to a spouse struggling with mental health issues, a wave of emotions may wash over you: worry, uncertainty, even fear. How will your spouse react to divorce? What will the process be like, given their mental state? Can you ensure the well-being of your children?
You may have already been through a lot because of your spouse’s mental health. Divorce may seem scary, but you don't have to face it alone. An experienced Brooklyn divorce lawyer can guide you and offer compassionate counsel tailored to your unique needs.
Keep reading to learn more about the key issues to consider when divorcing a spouse with mental health concerns.
Is Mental Health Grounds for Divorce in New York?
You can file for divorce in New York if you have in-state residency and meet one of seven “grounds” or reasons for divorce. In New York, grounds for divorce do not include mental health. Divorce may still be possible, however, because your spouse’s mental health may have caused:
- An irretrievable breakdown in your relationship (also known as an uncontested or no-fault divorce)
- Abandonment
- Cruel and inhuman treatment
- Adultery
Or, you could meet one of the other legal grounds for divorce.
How Mental Illness Impacts Divorce Proceedings in New York
Mental health issues can significantly impact various aspects of the process, such as:
- Child custody. If your spouse's mental health raises concerns about their ability to parent, the court will consider this when awarding custody. Documenting your spouse's behavior and its impact on the children is crucial.
- Spousal maintenance. A spouse's mental illness may affect their earning capacity and need for financial support. This could impact the amount and duration of spousal support awarded.
- Property division. Mental health expenditures and their impact on marital assets may need to be addressed during the equitable distribution of property process.
- Marital debt. If your spouse's mental health issues led to debts, such as excessive spending during manic episodes, you'll need to consider how to divide this liability.
Prioritize the Well-Being of Your Children
Divorce is hard on children under any circumstances, but a parent's mental illness adds another layer of complexity. Some key considerations include:
- Parenting plans. Carefully structured parenting time and decision-making authority can help create stability for your children while ensuring their safety.
- Age-appropriate explanations. Consider working with a therapist or counselor to discuss the situation honestly with your kids.
- Consistent routines. Aim to maintain normalcy with school, extracurricular activities, and time with friends and extended family. Minimize disruptions to their schedules when possible.
- Prioritizing treatment. If your spouse is willing to seek help, support their efforts. Continued treatment can lead to better co-parenting in the future.
You have a lot to think about, including your own mental health. Divorce – regardless of its cause – can be sad and stressful. Remember to tend to your emotional well-being so that you can support your children.
Work With a Compassionate Brooklyn Divorce Lawyer to Advocate for Your Rights
Balancing sensitivity to your spouse's mental health with your legal rights is challenging. A Brooklyn divorce lawyer can help strike this delicate balance. At Alatsas Law Firm, we:
- Maintain privacy. Avoid disclosing details of your spouse's condition to those outside your trusted circle. Your attorney can handle discussions with the court and opposing counsel.
- Represent you in negotiations. We aim to settle matters amicably to reduce stress on your family. Your lawyer can negotiate on your behalf while keeping your spouse's mental state in mind. Alternative dispute resolution methods like mediation may be appropriate.
- Consider necessary restraining orders. If your spouse's behavior becomes abusive or endangers you and your children, you may need legal protection. Your attorney can help secure a restraining order if necessary.
It’s essential to remember that you have options. Attorney Theodore Alatsas will listen to your story, answer your questions, and craft a legal strategy to protect your rights and interests.
