Mental Health Issues and No-Fault or Fault Divorce
Mental health concerns can complicate an already challenging divorce. In New Jersey, divorcing spouses can file for divorce on either fault or no-fault grounds. Understanding how mental health issues may affect the choice of grounds and the outcome of the divorce is important for anyone considering ending a marriage involving mental health struggles.
Knowledgeable Somerset County family lawyers can ensure that your concerns are heard. They also have the background to appropriately address any mental health considerations during the legal process.
No-Fault Divorce and Mental Health
Most divorces in New Jersey are filed under no-fault grounds. This means that neither spouse has to prove the other did anything wrong to justify the divorce. Instead, the couple cites irreconcilable differences that have caused the breakdown of the marriage.
If one spouse is struggling with mental health issues, that alone typically isn’t enough to block or delay a no-fault divorce. The court does not need to assign blame or delve into personal struggles to grant the divorce. But mental health may still become relevant in other aspects of the divorce, such as child custody, alimony, or equitable distribution of property.
Extreme Cruelty or Institutionalization
While less common, some individuals choose to file for divorce based on fault grounds, which can include mental health-related issues. Two grounds in particular may be relevant:
- Extreme cruelty. Should one spouse’s mental health condition lead to abusive, threatening, or severely erratic behavior that endangers the other spouse’s well-being, it could form the basis for an extreme cruelty claim. The behavior must rise to a certain legal threshold, and medical evidence may be required to support the claim.
- Institutionalization for mental illness. New Jersey law allows for divorce based on the institutionalization of a spouse for at least 24 consecutive months. This is a specific legal ground and requires medical documentation proving the institutionalization due to a mental illness.
Regardless of the grounds used to file, mental health issues can influence key divorce outcomes. For instance, when it comes to custody, courts always prioritize the best interests of the child. If a parent’s mental health condition is unmanaged and affects their ability to safely and reliably care for the child, custody arrangements may be adjusted accordingly.
Also, in some cases a spouse with a severe mental illness may receive spousal support if they are unable to work due to their condition. Conversely, a paying spouse with mental health struggles may request a modification of support obligations.
Mental health can be a sensitive and complex issue. Whether you are seeking a fault or no-fault divorce, consulting with an experienced Somerset County family lawyer can help you understand your rights and responsibilities.
How is a mental health issue complicating your separation? There are steps you can take to shield yourself from a poor outcome and connect with the future you are hoping for. Talk to the legal team at the Law Offices of Kisha M. Hebbon, LLC to learn more. If you live in New Brunswick, North Brunswick, Piscataway, Edison, Somerset County, or Middlesex County, contact us to schedule a confidential consultation.
