When a marriage is no longer working out, people commonly seek to have a legal divorce. However, things may get more complicated if one of the parties is suffering from a mental illness. In Indiana, it is possible to get a divorce if your spouse is mentally ill. This article will guide you through the process.
Grounds For Divorce In Indiana
Indiana recognizes both fault and no-fault grounds for divorce. According to Indiana Code 31-15-2-3, you can file for divorce on these grounds:
- Irretrievable breakdown of the marriage, which is the no-fault ground for divorce in Indiana
- Adultery
- Impotence
- Abandonment for at least one year
- Felony conviction of either spouse after the marriage
- Institutionalization for insanity for two years or more
- Cruel and inhumane treatment
- Habitual substance abuse for at least one year
Institutionalization For Insanity
If your spouse is mentally ill, the grounds for divorce that apply to you are "institutionalization for insanity for two years or more." This means that your spouse has been hospitalized in a mental institution for a period of two years or more due to a mental illness.
Legal Representation
While it is possible to file for a divorce on your own, it is recommended to have legal representation. A knowledgeable divorce attorney can guide you through the process and provide valuable advice.
Divorce Process
The process of getting a divorce in Indiana involves several steps, including filing a Petition for Dissolution of Marriage, serving your spouse with the appropriate paperwork, and negotiating a settlement agreement. If you and your spouse cannot agree on the terms of the divorce, the case may go to trial.
Child Custody And Support
If you have children with your mentally ill spouse, custody and child support will need to be decided upon as well. The court will consider the best interests of the child when making these decisions.
Conclusion
Getting a divorce is never an easy thing to do, and it can be even more challenging if one of the parties is mentally ill. However, in Indiana, it is possible to obtain a divorce on the grounds of "institutionalization for insanity for two years or more." If you find yourself in this situation, consult with a divorce lawyer to guide you through the process.