When you are married to a spouse suffering from significant mental health issues, it can place a serious strain on your marriage. While some are able to overcome these challenges, it can be too much for others. As such, you may find that divorce is the best course of action. However, it’s not uncommon to wonder and worry about how your spouse’s struggles will impact the outcome of your divorce. Keep reading to discover more and learn how a Somerset County divorce attorney can assist you through these challenging times.
Can Mental Health Impact the Outcome of a Divorce?
It’s necessary to understand what factors can impact how your divorce proceeds. In general, if your spouse is struggling with severe mental health issues, you may worry that you will not be able to proceed. However, this does not prevent you from divorcing your spouse. Instead, the courts may appoint someone to serve as their guardian to represent them. This simply ensures their legal rights are protected.
If your spouse is struggling with mental health, it may impact your divorce orders. For example, if your spouse is unable to work due to their mental illness, you may be ordered to pay a larger share of alimony to help support them.
Will This Impact Custody of Our Children?
It’s important to understand that even if a spouse struggles with mental health issues, it does not mean they will automatically lose custody of children. The courts will examine all aspects of the parent’s ability to support the child before issuing an order regarding custody. Generally, so long as it is in the child’s best interest, the court will do everything possible to keep a relationship between a child and their parent.
However, if the court finds that the child would be endangered when in the care of the parent and the parent cannot or will not remove the harm, parental rights may be terminated.
If you want to divorce your spouse, it’s essential to hire an attorney. However, this becomes even more necessary if your spouse has severe mental illnesses. This process can be challenging to navigate, especially with the added stress of dealing with a mentally ill spouse.
As such, the dedicated legal team at the Siragusa Law Firm can help you navigate the complexities of this case. Unfortunately, many feel extreme guilt surrounding their decision to divorce a spouse who is struggling, despite it being for the best. As such, these emotions may cloud their judgment when going through this process. Our dedicated legal team can help fight for the best possible outcome for you so you can focus on healing through these challenging times. Contact us today to learn how we will fight for you.
