How Does Mental Health Impact Divorce Proceedings in Louisiana?

woman clutching head in hands

Mental health is something many people struggle with. Unfortunately, when someone battles with a severe mental illness, it can place strain on their life and the lives of those around them. When your spouse struggles with these issues, you may find it can cause considerable issues in your marriage. For some, this can ultimately lead to a divorce. If this reflects your circumstances, you may not know how your spouse’s mental health issues can impact the proceedings. Keep reading to learn more and discover how a Monroe, Louisana divorce lawyer can guide you through these difficult times.

Can I Still Get a Divorce If My Spouse Has Mental Health Issues?

Many assume that a mental health crisis means they cannot proceed with a divorce. However, this is not true. In many instances, you can still proceed with your divorce, even if your spouse suffers from mental health issues. Insanity is not a reason to avoid divorce. In some instances, mental illness can be grounds for divorce in Louisiana.

If your spouse resides in a mental hospital or cannot act on their own accord because of their mental illness, they will receive additional protection. Generally, a judge will provide this person with a guardian to help ensure they have adequate representation during the divorce proceeding.

How Will Mental Illness Impact a Divorce?

Though you can still proceed with a divorce if your spouse is suffering from a mental illness, it’s essential to understand that it will likely affect the proceedings.

One of the most common areas that will be impacted during this process is alimony and spousal support. In general, if your spouse cannot support themselves due to the illness they suffer, a judge will likely increase how much alimony you are ordered to provide.

Many parents also worry about what will happen regarding the custody of their children when one spouse suffers from severe mental health issues. Generally, mental illness does not mean one parent will never be able to see their children. The courts will consider the best interest of the child when determining a custody arrangement. This means they will take into consideration the ability of each parent to care for a child in a stable environment.

How Can an Attorney Help?

Unfortunately, many going through a divorce will feel tremendous guilt when leaving a partner with severe mental health issues. However, many have no other options. As such, enlisting the assistance of an attorney is essential.

Most divorces are challenging, but when going through one while experiencing extreme guilt, judgment can be clouded. Letting an attorney handle the legal complexities of these matters is crucial to ensuring you can receive a favorable outcome.

At Breithaupt, DuBos, & Wolleson, LLC, we understand the complexities surrounding this unique situation. As such, our dedicated legal team can help you navigate these circumstances to achieve the best possible outcome for your circumstances. Contact us today to learn how we can assist you.

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