The divorce process is challenging for all spouses, but when one spouse has a mental health issue, it may significantly impact all aspects of the divorce, including child custody, the division of marital assets, and alimony. According to the National Institute of Mental Health, as many as one in five Americans deal with a diagnosed mental illness, with conditions ranging from mild to severe.
Although many people with mental health or emotional problems manage their conditions effectively, even those with mild, well-controlled disorders may experience exacerbated symptoms during the emotionally trying divorce process.
An experienced Chandler divorce attorney can help you understand the impacts of mental health issues on an Arizona divorce before entering the process as an affected person or the spouse of a person with a mental health problem.
Mental health issues are not uncommon. Sometimes these issues contribute to the reasons for the divorce. A spouse with narcissistic personality disorder often lacks empathy for others and prioritizes their own goals and desires, often making negotiating for an equal division of marital assets challenging. In addition, more common mental health issues, such as the following, impact aspects of the divorce process in Arizona:
When a divorcing spouse struggles with depression, it often exacerbates their symptoms, sometimes leading to the spouse missing meetings and appointments, their withdrawal from the negotiation and mediation process, and challenges with effective communication throughout the divorce.
Divorce is a stressful process, often escalating anxiety symptoms in affected individuals. When anxiety becomes overwhelming, a spouse struggling with the uncomfortable symptoms may avoid discussing their divorce, even to the point of missing appointments with the attorney, negotiation meetings, and mediation appointments.
Those suffering from anxiety may need additional support from their attorney to ensure they receive their fair share of assets and child custody. Otherwise, they may settle for less than their legal rights to avoid additional stress.
A person struggling with bipolar disorder may behave irrationally under the added distress of the divorce process. Inconsistent moods may impact negotiations and regular communication during the divorce, making it challenging to reach a settlement agreement or communicate effectively in court.
When any of the above conditions are mild and well-managed by the spouse, the impacts may not be concerning, but in some cases, mental health issues interfere with or prolong the divorce process and may impact outcomes.
Arizona’s no-fault divorce process does not require either spouse to prove the other is responsible for the end of the marriage. For this reason, a spouse cannot file for divorce on the grounds that their spouse is mentally ill. Neither does mental illness protect one spouse from being divorced. However, a spouse’s mental illness or emotional problems can impact the following divorce terms:
If one spouse’s mental illness negatively affects their earning ability, it may mean that a judge will award them a greater portion of the marital assets and/or monthly spousal support (alimony) if they are unable to become self-sufficient due to their mental health condition.
While a well-managed mental health disorder does not negatively impact a parent’s right to equal custody of their child, Arizona courts make all decisions in the child’s best interests. If one parent’s mental illness negatively impacts their ability to provide a safe, nurturing environment for their child, the court may award the other parent primary custody with visitation rights for the affected parent, with the amount of visitation time dependent on the severity of their symptoms.
Only in the most extreme cases of mental illness can a parent’s mental health problem cause a judge to terminate their parental rights. For instance, if the illness makes them a danger to a child, or if they’ve committed acts of violence or have been committed to a mental institution for long-term treatment.
If you or your spouse suffers from mental health issues, it’s crucial to have a Chandler family law attorney with experience in this area on your side to protect your rights. Call Wilson Goodman Law Group, PLLC to obtain legal counsel from a divorce attorney who is ready to prioritize your best interests.
