Compassionately Working Through a Divorce When Psychological Concerns Are at Play

 Posted on October 26, 2022 in Divorce

No matter the circumstances surrounding a divorce, the process is often riddled with overwhelming feelings of heartbreak, loss, and fear of the future. In addition, divorce proceedings can be complicated if a spouse has a mental illness or is battling a substance abuse problem. In cases where one or both of these factors are at play, securing legal representation from a skilled Illinois family law attorney who understands how to navigate a rocky divorce can be invaluable in ensuring your concerns are heard and your rights are protected.

Addiction and Mental Health Issues in a Divorce

In today's society, we are becoming more cognizant of how prevalent mental health and addiction issues are for many people. Mental health conditions such as depression, bipolar disorder, borderline personality disorder, and substance abuse issues with drugs or alcohol can, unfortunately, be significant reasons why a marriage ends up deteriorating. To get divorced, it is not required to demonstrate why the marriage failed. Under Illinois law, "irreconcilable differences" is when the court determines that attempts at reconciliation between spouses have failed and that any future attempts would also likely fail, which is a sufficient reason to divorce.

As a couple goes through a divorce, substance abuse or mental health issues can be a significant factor in how decisions are made. When these issues are involved in a divorce, couples should be aware of the following: 

• Safety concerns – If someone struggling with a mental health issue or substance abuse problem commits acts of domestic violence or abuse, their spouse may be able to obtain an order of protection. This can help ensure they and their children are safe from potential harm. Furthermore, the court takes mental health and substance abuse issues seriously, considering that the safety of the people involved in a case is of the utmost importance. That being the case, decisions regarding the allocation of parental responsibility and parenting time may be heavily influenced if one of the parents is concerned about their child's safety in the care of the other parent. If concerns are raised, restrictions may be put in place, and a parent’s time with the child could be supervised. 

• Asset division -  In a divorce, spouses are entitled to an equitable share of all marital property. Nevertheless, suppose any psychological problems result in one spouse spending marital assets, such as chasing a drug or gambling addiction. In that case, that spouse may be required to reimburse their ex-spouse for this dissipation of assets. 

• Spousal maintenance – If a spouse earns a higher income than their ex-spouse, the higher-earning spouse may be required to pay financial support to the other spouse. Spousal maintenance may also be ordered if one spouse is debilitated by a mental illness or other disability. 

• Child support – Following a divorce, both parents must provide financial support for their children. A parent with a mental health or addiction issue may claim to have experienced a reduction in their earning ability. If this is verifiably true, a parent may request that the court consider their reduced capacity to earn when determining child support responsibilities. 

Contact an Arlington Heights Divorce Attorney

Divorcing your spouse can be turbulent for all parties, especially if psychological issues are involved. At A. Traub & Associates, we know how to compassionately navigate divorces where psychological issues play pivotal roles in decision-making. If you are getting a divorce and mental health or substance abuse problems are a factor, consider calling a highly competent Arlington Heights divorce lawyer to ensure your rights are protected. Call 847-749-4182 for a private and thorough consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.aspActID=2086&ChapterID=59&SeqStart=3700000&SeqEnd=5200000