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Can mental health impact your divorce?

On Behalf of | Feb 24, 2023 | Property Division

Mental illness unfortunately serves as a common contributing factor to the collapse of a marriage and the onset of divorce.

If either party in a marriage suffers from mental illness, it could end up affecting the longevity and health of the relationship.

A high rate of mental health issues

The National Institute of Mental Health talks about the frequency of mental health problems in divorce. One in five American adults suffers from some form of mental health disorder. Thus, moderate or severe emotional, behavioral or mental disorders can end up generating conflict in any sort of relationship.

Severe symptoms of mental health struggles can impact divorce proceedings in numerous ways, too. Things affected by these conditions can include child custody, spousal support, fault determination, protective disorders, asset division, and visitation time.

Mental disorders may also have an impact on a parent’s ability to keep their job, stay employed in general, participate in society, care for their household or even function in a general sense. Naturally, this makes them unfit for parenting in spite of other potential contributing factors to a divorce order.

Determination based on the child’s best interest

Speaking of, courts will always prioritize the best interest of the child. To that end, if a parent cannot provide a liveable, healthy environment due to their mental health struggles, then they may lose the chance to have custody or even visitation rights.

An existing condition or diagnosis will not automatically disqualify a parent from having these things, however. It is simply the severity of the issue that will make this determination.

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