How to Address Mental Illnesses During an Illinois Divorce

 Posted on July 26, 2024 in Divorce

While getting a divorce can be a long, difficult process in any situation, it can become even more complicated if a spouse has a mental illness. If a person is receiving treatment for mental health issues, has undiagnosed conditions, or needs to address concerns related to medical care, a couple may need to determine how to handle a variety of legal and financial issues during their divorce. Understanding how mental illnesses may affect a couple and their children can be crucial, and an attorney with experience handling these concerns can provide invaluable legal help in these situations.

Types of Mental Illnesses That May Need to Be Addressed During a Divorce

People may be affected by a variety of different conditions that can impact their mental health and their daily lives. Divorcing spouses may need to address conditions such as:

• Depression and anxiety: Major depressive disorder may involve feelings of low self-worth and an inability to participate in daily activities or attend to one’s own needs or the needs of their family. Anxiety may take the form of debilitating fears that can limit a person’s ability to maintain employment or participate in other activities. These conditions may lead to difficulty making decisions, which can prolong the divorce process. They may also affect a person’s ability to earn enough income to support themselves while also affecting their relationship with their children or other family members.

• Bipolar disorder: This condition may involve extreme mood swings, ranging from manic episodes to severe depression. This unpredictability can lead to erratic behavior and conflict between spouses during divorce proceedings. It can also affect a person’s ability to maintain employment or provide proper care for children.

• Narcissistic personality disorder: People with narcissistic tendencies may have a lack of empathy and an inflated sense of self-importance. This condition often goes undiagnosed, and it may lead to significant conflict during the divorce process. Narcissistic spouses may be uncooperative and manipulative, making negotiations challenging and potentially requiring litigation to resolve divorce-related issues.

• Schizophrenia and other serious mental illnesses: Some mental health issues can be debilitating, affecting a person’s ability to function on a daily basis and requiring interventions such as treatment in mental health facilities. Schizophrenia, psychosis, or other mental illnesses may involve severe disturbances in thinking, perception, and behavior. These conditions may affect a spouse's ability to participate in divorce proceedings and make rational decisions.

How Mental Illnesses May Affect a Divorce

Mental health issues can lead to increased levels of conflict during divorce proceedings due to concerns such as:

• Unpredictable behavior: Mental illnesses such as bipolar disorder may involve extreme mood swings that can result in erratic behavior. During manic episodes, a person may act impulsively, make rash decisions, or become highly argumentative. Conversely, during depressive episodes, they may withdraw, become unresponsive, or struggle to engage in the negotiation process. This unpredictability can make it challenging to reach agreements on important divorce-related issues.

• Manipulative actions: Narcissistic personality disorder is characterized by a lack of empathy, a need for admiration, and manipulative behavior. A spouse with this disorder may refuse to compromise, use deceitful tactics, or attempt to control the narrative of the divorce proceedings to their advantage. This can lead to prolonged negotiations and increased legal costs, as the other spouse may need to take additional steps to protect their interests and ensure a fair outcome.

• Refusal to receive treatment: In some cases, a person with a mental illness may refuse to seek medical interventions or continue treatment that had been prescribed by mental health professionals. This can lead to increased levels of conflict and affect other aspects of a divorce. For instance, untreated schizophrenia can lead to delusions or paranoia, making it difficult for the affected person to trust their spouse or the legal process. Similarly, a person with untreated depression may become disengaged and uncooperative, slowing down the proceedings and increasing frustration for both parties.

• Irrational decision-making: Mental illnesses can impair a person’s judgment and decision-making abilities. A person suffering from severe anxiety may become overwhelmed by the stress of the divorce, leading to irrational or overly cautious decisions that complicate negotiations. In such cases, reaching a mutually agreeable settlement may require additional patience, understanding, and potentially, the involvement of mental health professionals to provide support and guidance.

• Heightened emotional reactions: Divorce is inherently emotional, and mental illnesses can amplify these emotions. A spouse with depression may experience intensified feelings of sadness, hopelessness, or anger, which can spill over into negotiations and court proceedings. This heightened emotional state can lead to increased conflict, as the person may struggle to manage their emotions effectively, leading to outbursts or withdrawal.

Strategies to Manage Conflict

To facilitate a smoother divorce process when mental illness is involved, spouses may want to consider taking steps such as:

• Mediation: A mediator can help spouses communicate more effectively and work towards resolutions to the outstanding issues in their case. This can reduce conflict while helping each spouse consider the other’s needs.

• Treatment and support: Mental health professionals can provide treatment for one or both parties. This can ensure that both spouses will be able to participate in the divorce process effectively.

• Clear documentation: Keeping thorough records of all communications and agreements can help clarify misunderstandings and provide a clear reference in case of disputes.

• Patience and understanding: Recognizing the impact of mental illness and approaching the situation with empathy can help de-escalate conflicts and promote cooperation.

Financial Issues That May Be Affected by Mental Illnesses

As a couple works to complete the divorce process, they will need to address multiple types of financial concerns. These issues can become complicated by mental illnesses, since a spouse may require ongoing treatment, which may include:

• Therapy and counseling: Regular sessions with psychologists, therapists, or counselors can incur substantial costs.

• Medication: Prescription medications for managing mental health conditions can be costly, and a person may need to ensure that they have adequate health insurance to address these needs.

• Hospitalization and inpatient treatment: Severe cases may require extended inpatient care in mental health facilities, which can incur significant medical expenses.

The costs associated with mental health treatment can impact how marital property is divided. Couples may need to address issues such as:

• Responsibility for debts: If one spouse incurs debt due to medical expenses, a couple must determine who will be responsible for covering these costs. Debts incurred during a marriage are generally considered to be the responsibility of both spouses. Even if medical expenses were related to treatment received by one spouse, both parties will need to address these debts, and they may both need to make ongoing payments after completing their divorce.

• Allocation of assets: To ensure that a spouse with a mental illness has access to necessary resources, marital property may be allocated in a way that will best provide for their needs. A spouse may receive certain assets that they can use to cover their ongoing expenses and address other concerns, such as funds saved in joint accounts or household items that will ensure that they can maintain a safe and healthy living situation.

• Retirement accounts and investments: The benefits earned by both spouses may be used to provide for the needs of a person with a mental illness. Dividing these assets fairly can ensure that a person can receive the ongoing care they need.

A spouse with a mental illness that affects their ability to work may request spousal support (alimony). The court may consider several factors when determining whether spousal maintenance is appropriate. These include:

• Duration of the marriage: Longer marriages may result in longer-term support.

• Standard of living: Both spouses should be able to continue living in circumstances similar to what they were accustomed to during their marriage. A spouse who may have difficulty providing for themselves due to a mental illness may qualify for support to ensure that they can meet their ongoing needs.

• Earning capacity: A mental illness's impact on a person’s spouse's ability to earn an income may play a role in determining whether they should receive financial support.

• Contributions to the marriage: Factors such as financial contributions that both spouses made to their family’s needs and the services provided as a homemaker or caregiver may be considered.

How Mental Illnesses May Affect Child Custody Decisions

When addressing child-related issues during a divorce, the primary concern is the best interests of the child. Courts take steps to address concerns about children’s safety, stability, and well-being. Decisions about child custody include the allocation of parental responsibilities, which address how parents will make decisions about a child's upbringing, including their education, health care, and extracurricular activities. When a parent has a mental illness, the court will evaluate their capacity to make sound decisions in these areas. Court-ordered evaluations may be used, or a guardian ad litem may be appointed to advocate for the best interests of the child. 

Factors considered when addressing the allocation of parental responsibilities may include:

• History of mental illness: The court may review the history and severity of the parent's mental illness, including any hospitalizations or intensive treatment. These issues may determine whether a parent has the ability to participate in making child-related decisions.

• Compliance with treatment: The parent’s willingness and ability to follow prescribed treatment plans, including medication and therapy, can influence the court’s decisions.

• Impact on decision-making: The court may consider whether a mental illness has had an impact on the parent's ability to make rational, consistent decisions while protecting the child's best interests.

• Support system: The presence of reliable support from family members or mental health professionals can mitigate concerns about a parent's decision-making capabilities.

Mental health concerns may also affect parenting time, including the schedules and conditions under which each parent spends time with their children. The court may consider various factors to ensure that the child's safety and well-being will be protected, including:

• Parental stability: The mental and emotional stability of a parent with a mental illness may be assessed to determine whether they can provide a safe, nurturing environment during their parenting time.

• Living arrangements: The suitability of the parent's home environment, including whether it is free from hazards and conducive to the child's well-being, may be evaluated.

• Supervised visitation: In some cases, the court may order parenting time to be supervised if there are concerns about a parent's ability to care for the child safely. This means that another adult, such as a family member or a professional supervisor, must be present during visits.

• Flexibility and adaptability: A parent’s ability to follow a parenting time schedule and adapt to the child’s needs may be considered. Unpredictable behavior due to a mental illness may require adjustments to parenting time arrangements to ensure consistency for the child.

Contact Our DuPage County Divorce Attorneys for Mental Health Issues

The divorce process can become highly complex and emotional when a spouse has a mental illness. At Weiss-Kunz & Oliver, LLC, our Elmhurst divorce lawyers understand the ways that mental illnesses may affect the divorce process and the steps that may be taken to address these issues. Whether you need to address concerns about your spouse’s mental health or are looking to protect your interests and ensure that you receive the proper treatment for your own diagnosed conditions, we can provide the legal help you need to resolve your divorce-related concerns. Contact us by calling 312-605-4041 to schedule a consultation and get effective, compassionate legal representation during your divorce.