Going through a divorce is an incredibly difficult experience, especially when your spouse is dealing with mental illness. As if the emotional toll isn’t enough, there are also legal complexities to navigate. However, in the state of Tennessee, there are specific steps you can take to ensure that the divorce process goes as smoothly as possible.
Understanding the Law in Tennessee
Before diving into the divorce process, it’s crucial to grasp the legal aspects in Tennessee. In this state, a spouse can be declared mentally unfit to stand trial or handle their own financial affairs. Should the court decide that your spouse falls into this category, they may appoint a conservator to manage their affairs and make decisions on their behalf.
If your spouse is assigned a conservator, you will need to collaborate with them to obtain a divorce. Conversely, if your spouse is capable of representing themselves, the divorce process will proceed similar to any other case.
Filing for a Divorce in Tennessee
Getting a divorce in Tennessee begins with filing a petition with the court. The petition should be filed in the county where either you or your spouse resides. Once the petition is filed, your spouse must be served with a copy of the complaint and a summons.
However, if your spouse lacks the understanding to participate in the divorce process or respond to the complaint, the court may appoint a guardian ad litem to represent them.
Grounds for Divorce
In Tennessee, there are two grounds for divorce: fault and irreconcilable differences. If you’re seeking a divorce on the grounds of fault, you must demonstrate that your spouse’s mental illness has driven them to engage in behavior that constitutes grounds for divorce, such as adultery, cruelty, or abandonment.
On the other hand, if your spouse’s mental illness hasn’t led to any such behaviors, you may need to pursue a divorce based on irreconcilable differences. This requires showing that you and your spouse have had these differences for at least six months and that there’s no chance of reconciliation.
Temporary Orders
Throughout the divorce process, it may be necessary to obtain temporary orders to protect yourself and your children. If your spouse’s mental illness poses a threat to you or your children, you can request a temporary protective order from the court.
Additionally, you might need temporary custody, child support, or spousal support orders. These orders will remain in effect until the final divorce decree is issued.
Mediation
In Tennessee, mediation is mandatory for all divorce cases. This means that both you and your spouse have to attend mediation sessions in an attempt to resolve divorce-related issues, including property division, custody arrangements, and support agreements.
Dealing with a mentally ill spouse can make reaching an agreement more challenging during mediation. However, the mediator may offer creative solutions that take into consideration your spouse’s illness and ensure they receive the needed care.
Hiring an Attorney
Arguably the most critical step in divorcing a mentally ill spouse is hiring an experienced divorce attorney. Having legal representation can help you navigate the complexities of the legal process and ensure your rights are protected.
Your attorney can also work with the court, your spouse’s conservator, or their guardian ad litem to guarantee that your spouse’s mental health needs are being met and that they aren’t taken advantage of during the divorce proceedings.
Conclusion
Divorcing a spouse who is grappling with mental illness is undoubtedly a complex and emotionally challenging process. However, by understanding the laws in Tennessee, filing for divorce, obtaining temporary orders, attending mediation, and enlisting the assistance of an experienced attorney, you can increase the likelihood of a smoother process. With the right approach, you can move forward with your life while ensuring that your spouse receives the necessary care and support they need.