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Rolling Meadows Attorney for Divorces Involving Psychological Issues

Wheeling divorce lawyer mental illness substance abuse

Lawyers with Experience Handling Mental Health and Addiction Impact on Divorce Cases in Schaumburg and Palatine

No matter the circumstances of your divorce, the process of separating from your spouse and ending your marriage can be difficult. While some amount of conflict between spouses is likely to occur, disputes can be especially volatile if a spouse suffers from a mental illness or struggles with substance abuse. In these cases, it is crucial to secure legal representation from an experienced family law attorney.

The lawyers of A. Traub & Associates can provide compassionate, dedicated legal help as you work to complete your divorce. We understand the role that psychological issues or addictions can play in a divorce case, and we will work with you to address your concerns and ensure that your safety is protected.

Psychological and Addiction Issues During Divorce

A married couple's relationship may suffer due to mental health concerns that affect either spouse, such as depression, borderline personality disorder or bipolar disorder. Addictions to alcohol or drugs may also be one of the reasons for the breakdown of a marriage. However, it is not necessary to demonstrate why a marriage failed in order to get divorced; the state of Illinois only recognizes "irreconcilable differences" as a grounds for divorce.

As a couple goes about the process of legally dissolving their marriage, issues related to mental illness or substance abuse can play a significant role in the decisions made. When psychological issues or addictions are involved in a divorce, spouses should be aware of the following:

  • Safety concerns - If a person with a mental illness or addiction commits domestic violence or abuse, their spouse may obtain an order of protection to ensure that they and their children are safe from harm. Mental health and substance abuse can also play a role in decisions about the allocation of parental responsibility and parenting time. If a parent is concerned about their children's safety while they are in the care of the other parent, they may ask for restrictions to be put in place, such as the requirement that the other parent's parenting time be supervised. In these cases, a parent may be required to undergo a psychological evaluation, or a guardian ad litem may be appointed.
  • Asset division - Both spouses are entitled to a fair and equitable share of all marital property. However, if psychological issues led a spouse to dissipate marital assets (such as by spending money in pursuit of a drug or gambling addiction), they may be required to reimburse their former partner for this dissipation.
  • Spousal maintenance - The spouse who earns a higher income may be required to pay financial support to their former partner. A spouse whose income earning ability has been affected by a mental illness may ask to receive spousal support. If the higher-earning spouse claims that psychological issues have affected their income and ability to pay alimony, the other spouse may ask that the court consider their imputed income (the income that they have the potential to earn) when making decisions about maintenance.
  • Child support - Both parents will be required to provide financial support for their children following divorce. A person with mental health or addiction issues may claim that they have experienced a reduction in their income earning ability. As with spousal maintenance, the other party may ask that the court consider a parent's imputed income when determining child support obligations.

Contact a Mt. Prospect Divorce Lawyer

Psychological issues and addictions can complicate divorce proceedings, but it is essential to ensure that these concerns are addressed and that all parties are safe from harm. If your ex-spouse suffers from a mental illness or has problems with substance abuse, A. Traub & Associates can help you understand the best approach to take as you resolve the issues involved in ending your marriage. To schedule a confidential consultation with a compassionate attorney, contact our office by calling 847-749-4182. We assist with divorce cases in Northwest Cook County, including Arlington Heights, Schaumburg, Rolling Meadows, Inverness, Hoffman Estates, Mount Prospect, Des Plaines, Elk Grove Village, Palatine, Buffalo Grove, Wheeling, and Long Grove.

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