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Mental Health Issues and Divorce

A Summary from Blake & Associates Law Firm

By Kristina Otterstrom

When filing for divorce, the requesting spouse must state the “grounds” for divorce, or reason for the breakup of the couple’s marriage. If you’re seeking a divorce from your spouse based on fault grounds, you must prove abuse, neglect, incurable insanity, adultery, abandonment, or other fault grounds recognized by your state.

Obtaining a no-fault divorce, on the other hand, is typically a simpler process and doesn’t require you to prove the cause of your divorce. Virtually every state recognizes “no fault” grounds where a couple can simply plead that irreconcilable differences led to the marriage’s breakdown.

However, if you’re seeking a divorce due to a spouse’s severe mental health issues, you may want to file for a fault-based divorce. In certain circumstances, you could be entitled to a larger share of marital assets or a higher support award if you’re able to prove your spouse’s mental health issues caused the marriage’s breakdown. If you’re unsure whether a fault or no-fault divorce is right for you, contact a local family law attorney for advice.

 

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