Divorce and Mental Illness
Being married to an individual with a mental illness can be a trying experience. Often, you may be tested emotionally or physically and may even be confronted with abusive behaviors. If the process is simply too much to handle, a spouse may opt for a divorce in order to remove himself or herself from that environment. However, a divorce from a mentally ill individual presents certain issues that common divorces do not. It is important to understand those differences before proceeding.
As with all matters of divorce, the state governs laws relating to marriage. That means, your individual state dictates whether “mental illness” is a viable grounds for divorce. However, in others it may lead to a “no fault” divorce designation. In order to learn of your state’s laws governing your relationship, contact the Houston divorce attorneys of Garg & Associates, P.C. at 281-210-0010 today.
Steps to Take
If you are considering a divorce, the following steps should be taken:
- Research the laws governing your particular state. Consult with a lawyer about any issue that may present itself with your unique situation.
- Determine if mental illness is grounds for divorce in your jurisdiction, and if so, what you need to do to complete the divorce process. This means fulfilling all of the requirements your state mandates, such as providing financial documents and any jointly held assets or liabilities.
- File a divorce petition to being the process.
- Attend court proceedings to confirm the filing of the divorce.
If you are citing mental illness as your grounds for divorce, the court may mandate that your spouse undergo a psychological evaluation to confirm that the illness is legitimate. If the court does not recognize this as viable grounds, you may have to proceed with the grounds of “irreconcilable differences”. In any case, it is important to have a knowledgeable attorney by your side to make sure these processes are done in a fair and timely manner.
Contact Us
To learn more about mental illness and divorce issues in the state of Texas, call the Houston divorce lawyers of Garg & Associates, P.C. at 281-210-0010 today.




