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Bucks County Divorce Attorneys > Blog > Family Law > Divorce And Mental Illness

Divorce And Mental Illness


The process of ending a marriage can have an impact on the mental health of both individuals. Divorcing can be emotional and difficult in the best of circumstances. And, of course, the situation can be more complicated if a spouse is living with a mental illness. Diagnosed illness such as depression can have a huge impact on a family. Other families break under the strain of alcoholism and other forms of substance abuse.

A compassionate Bucks County family attorney can help you through the process of divorce. There are times when individuals have tried to control their issues with the help of therapy and medication, but if the situation is still unsustainable, divorce may be the best path for the wellbeing of yourself. If there are children in the family, their wellbeing needs to be thought of as well. Even when it feels you have no choice, there could be options available.

Both No-Fault or Fault Divorces are Possible

After you connect with an experienced attorney, it can be determined if a no-fault divorce is the best path for you. A no-fault divorce is a situation where a reason to divorce does not have to be demonstrated to the court. If you choose to move forward with a fault divorce, you will need to state the reason, which could be one or more of the following:

  • Adultery
  • Bigamy
  • Cruel treatment
  • Crime conviction
  • Intolerable conditions
  • Willful desertion

Naturally, each of these fault reasons have their own rules. For example, to use a crime conviction as grounds for a faulty divorce the imprisonment timeframe should be longer than 24 months or two years.

While a fault divorce can result in a higher expense, they can be the best option for some as they can be quicker. A no-fault divorce requires a set waiting period, specifically 90 days between filing and next steps. And the individuals must live separately for a minimum of one year.

If mental illness is an issue, a fault divorce may be the desired option as it can lead to a divorce being finalized quickly. This is important if you and your children have been living in an intolerable environment.

Custody Issues and Visitation

When a court is making a determination about child custody and support payments, a variety of factors are being considered. These include the physical, mental and educational needs of all minors involved. The stability of one or both parents could be assessed.

An ongoing history of mental health issues could impact custody, visitation, and the award of support payments. The details of your unique situation will have to be looked over by a Bucks County family attorney in order for them to provide you with a full understanding of your legal options.

Are you unsure how to cope with the challenges of leaving a spouse with a mental illness? The family law attorneys at Kardos, Rickles & Hand help to untangle complicated matters and inform you of your options. Our dedicated legal team understands the finer points of family law. There are opportunities to create the life you want. Schedule your consultation today, call 215-968-6602.

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