Introduction
Divorce, a challenging process in any circumstance, becomes even more complex when mental illness is involved. Spouses grappling with mental illnesses often struggle to exhibit rational behavior, making it exceptionally difficult for both parties to negotiate a divorce settlement. This raises the question of whether it is even possible to obtain a divorce when one’s spouse suffers from a mental illness in Delaware.
Mental Illness and Divorce Law in Delaware
Indeed, individuals can seek a divorce if their spouse has a mental illness in Delaware. Legally, mental illness does not serve as an impediment to obtaining a divorce. This means that the court will not hinder the divorce solely on the grounds of a spouse’s mental illness.
Nevertheless, the court does consider mental illness when ruling on matters such as child custody, property division, spousal support, and other significant issues. Delaware law stipulates that the court must assess the impact of a spouse’s mental illness on these matters, including evaluating the individual’s capacity to make decisions concerning them.
The Divorce Process in Delaware When A Spouse Has A Mental Illness
Whether a spouse has a mental illness or not, the divorce process in Delaware remains unaltered. The sole distinction lies in the potential appointment of a guardian ad litem by the court to represent the interests of the mentally ill spouse. A guardian ad litem is an attorney appointed by the court to advocate for those who are unable to independently safeguard their own interests. Typically, this appointment occurs when one of the parties lacks the ability to advocate for themselves, such as an individual afflicted with a mental illness.
When a spouse has a mental illness, additional complications may arise during the divorce proceedings. For instance, it may be necessary to furnish the court with more detailed information regarding the spouse’s condition and collaborate with mental health professionals to resolve matters pertaining to child custody, property division, and spousal support.
What Factors Does The Court Consider When A Spouse Has A Mental Illness?
In Delaware, the court takes various factors into account when a spouse has a mental illness, including:
- The severity of the mental illness and its influence on the spouse’s capacity to make decisions regarding child custody, property division, and spousal support.
- The likelihood of the mental illness improving or deteriorating in the future.
- Whether the spouse with the mental illness is actively receiving treatment.
- Whether the spouse with the mental illness poses a threat to themselves or others.
- The best interests of any children involved in the divorce.
Conclusion
Gaining a divorce is never a straightforward endeavor, and the process becomes even more intricate when a spouse battles a mental illness. Nevertheless, with the guidance of skilled legal professionals and the support of mental health experts, it is possible to navigate the divorce process and reach a settlement that satisfies all parties involved. If you are contemplating divorce and your spouse suffers from a mental illness, it is crucial to consult an experienced family law attorney in Delaware who can provide the necessary assistance throughout the proceedings.