Breaking the bonds of marriage and going through a divorce can already be an extremely distressing and emotionally draining experience. Nonetheless, if one or both spouses involved have a mental illness or disability, it can further complicate the divorce process. In this article, we will delve into the ways in which mental illness or disability can affect a divorce in Maryland, and we will explore the steps that can be taken to ensure a fair resolution for all parties involved.
Mental Illness or Disability as Grounds for Divorce in Maryland
In the state of Maryland, mental illness or disability cannot be used as grounds for divorce. According to the divorce laws in Maryland, the only acceptable ground for divorce is the "irretrievable breakdown" of the marriage. This means that the marriage is beyond repair and there is no possibility of reconciliation.
Custody and Visitation Arrangements
When it comes to determining custody and visitation arrangements, the court will always prioritize the best interests of the child. While the mental illness or disability of a parent can be a factor in making this decision, it is not the sole consideration. The court will carefully examine the parent’s ability to care for the child, financial stability, and overall well-being.
Even if one parent has a mental illness or disability, it does not automatically disqualify them from having custody or visitation rights. It is entirely possible for a parent with a mental illness or disability to have either joint or full custody of their child. However, it is within the court’s purview to determine which arrangement would be in the best interest of the child.
Property Division
Maryland follows the principle of equitable distribution when it comes to dividing marital property, which means that it should be divided fairly, though not necessarily equally. The court takes several factors into account while deciding how to distribute assets, including the duration of the marriage, the income potential of each spouse, and the individual contributions made to the marriage.
The court will not exclude assets solely based on one spouse having a mental illness or disability. However, if the mental illness or disability inhibits a spouse’s ability to earn an income, it may impact the distribution of assets. For instance, a spouse with a mental illness may receive a larger share of the marital property due to their inability to work and generate income.
Spousal Support
Spousal support, commonly known as alimony, refers to the financial support provided by one spouse to the other following a divorce. In Maryland, the court considers various factors to determine if spousal support is necessary and what amount should be awarded. These factors encompass the duration of the marriage, the financial resources of each spouse, their individual earning capabilities, and the standard of living established during the marriage.
A mental illness or disability can be a significant factor in determining the need for spousal support. For instance, if a spouse with a mental illness is unable to work, they may be entitled to a higher amount of spousal support to help cover their living expenses. However, it is important to note that mental illness or disability alone is not the sole determining factor in awarding spousal support.
Conclusion
Divorce is a challenging process for everyone involved, but it is crucial to understand that mental illness or disability does not automatically disqualify a spouse from receiving custody, property, or spousal support. The court takes into consideration all relevant factors when making decisions and always prioritizes the best interest of all parties involved. It is advisable to consult with a qualified Maryland divorce attorney who has experience working with clients that have mental illness or disabilities, as they can help ensure a fair resolution for everyone involved.