Marriage, a sacred bond between two people, sometimes faces dissolution due to various factors, including the presence of mental illness in one of the spouses. In North Carolina, the existence of mental illness can complicate the divorce process, requiring a closer examination. This article aims to delve into the intricacies of how mental illness influences divorce proceedings in North Carolina.
Grounds for Divorce in North Carolina
In North Carolina, the grounds for divorce are categorized into two types: "no-fault" and "fault-based."
A "no-fault" divorce can be pursued when a couple has lived separately for a minimum of one year without any possibility of reconciliation. On the other hand, a "fault-based" divorce can be sought when one spouse is accountable for the disintegration of the marriage, thereby granting the other spouse the right to seek a divorce.
Mental Illness and Grounds for Divorce
Mental illness can serve as a basis for seeking a "fault-based" divorce in North Carolina. When one spouse exhibits severe mental illness, rendering the continuation of the marriage impracticable, the other spouse can file for divorce based on "mental incapacity." "Mental incapacity" refers to a spouse’s mental illness that obstructs their ability to fulfill their marital duties and obligations.
According to North Carolina laws, mental incapacity must be present for at least three years before initiating the divorce proceedings. Additionally, during the three-year separation, the spouse affected by mental illness must have been either institutionalized or confined to a mental health facility without interruption.
Effect of Mental Illness on Property Division
North Carolina follows the principle of "equitable distribution," meaning that marital property is divided fairly, although not necessarily equally. During a divorce, the division of marital property is influenced by various factors, including the duration of the marriage, income, earning potential of both spouses, and their respective contributions to the relationship.
When one spouse has a history of mental illness, it can substantially impact the property division process. For instance, if the mentally ill spouse is unable to work or contribute financially to the marriage, they may be entitled to a larger share of the marital property to offset the disparity.
Impact on Child Custody
In North Carolina, child custody decisions revolve around the best interests of the child. The court takes into account several factors, such as the child’s age, overall well-being, and the quality of the relationship with each parent.
The presence of a mental illness in one spouse can significantly influence child custody arrangements. If the mental illness poses a threat to the child’s safety and well-being, the court may award custody to the healthier spouse or even mandate supervised visitation.
Conclusion
Mental illness is a delicate matter, and its impact on divorce proceedings cannot be underestimated. In North Carolina, a spouse’s mental illness can serve as grounds for pursuing a "fault-based" divorce, as long as it leads to "mental incapacity." Moreover, mental illness can influence the division of marital property and the determination of child custody arrangements.
If you find yourself contemplating a divorce involving a spouse with a history of mental illness, it is highly advisable to seek legal guidance. An experienced family law attorney can provide the necessary expertise to navigate the complexities of the divorce process while safeguarding your legal rights and interests.