Divorcing a spouse with mental illness can be a delicate, challenging,
and emotionally complex process. It requires careful consideration and
legal strategy and psychological understanding.
We can help you with both!
As a medically trained divorce attorney/mediator, I am well versed in the
various essential factors you need to know when navigating the process
of divorcing a spouse with mental illness. My unique and comprehensive
divorce process was created to address the psychological and legal makeup
of spouses and their marriage. We approach divorce with both head and heart!
From my more than 35 years experience, I am happy to share with you some
of my suggestions on how to compassionately manage divorcing a spouse
with mental illness.
Understand the Mental Illness
To embark on this journey, it is vital to first educate yourself about
your spouse's mental illness. Familiarize yourself with the condition,
its symptoms, and how it may affect your spouse's behavior and ability
to participate in the divorce process. Seek information from mental health
professionals, support groups, and reliable resources to gain insight
into your spouse's condition.
Prioritize Your Safety
If your spouse's mental illness poses a risk to your safety or that
of your children, your well-being should be your top priority. If necessary,
consult with a therapist or a domestic violence organization to develop
a safety plan. This may involve seeking a restraining order, finding a
safe place to stay, and informing trusted individuals about your situation.
Seek Professional Support
Navigating a divorce involving mental illness can be emotionally draining.
Consider engaging the support of a therapist or counselor who specializes
in divorce and mental health. They can help you cope with the challenges,
provide guidance, and offer strategies.
Collect and organize relevant documentation related to your spouse's
mental illness.This may include medical records, psychiatric evaluations,
and any other evidence that can substantiate their condition and its impact
on the marriage. These records can be valuable when presenting your case
to legal professionals or during divorce proceedings.
Consult with a Knowledgeable Attorney
Engage the services of an experienced family law attorney who has expertise
in handling cases involving mental health issues. I have a unique medical
training which will help guide you through the legal process, ensuring
your rights are protected and helping you make informed decisions. I can
also provide advice on issues like child custody, spousal support, and
property division in the context of mental illness.
Child Custody Considerations
When children are involved, their best interests must be prioritized. Courts
typically consider the mental health of both parents when determining
child custody arrangements. However, the court's primary focus is
on ensuring the child's safety and well-being. Provide evidence, if
necessary, to demonstrate the impact of your spouse's mental illness
on their ability to parent effectively.
Collaborative Divorce or Mediation
I try to encourage clients when possible to consider negotiating or mediating
a divorce rather than litigating. Alternative dispute resolution methods
can provide a more amicable and supportive environment allowing you and
your spouse to work together to find mutually agreeable solutions. As
part of my divorce service, mental health professionals on my team are
brought in as part of our comprehensive legal/psychological approach to divorce.
Divorcing a spouse with mental illness may have financial implications.
Depending on the circumstances, you may be required to provide financial
support in the form of spousal maintenance or alimony. It’s important
to understand your rights and obligations, and to ensure a fair division
Divorcing a spouse with mental illness is an emotionally challenging journey.
You will need empathy, careful navigation and caring, compassionate support.
Unlike other divorce attorneys, I provide a unique divorce service providing
clients with the full medical/psychological and legal support necessary
to get the best results.
My combination of legal and psychological strategies is highly effective
when it comes to divorcing a spouse with mental illness. The understanding
and proper guidance for this complicated aspect is important for a psychologically
safe and legally successful outcome.
For over 35 years as a divorce attorney and mediator, I have been guiding
spouses successfully to find the right path to divorce.
FREE 1-hour consultations are veryinformative and conveniently conducted virtually!
I look forward to helping you and your family.
Divorcing a spouse with mental illness requires a special kind of attention,
compassion and legal expertise.
Call New York Divorce Attorney Lois Brenner Now to schedule your FREE consultation now!