How Can Mental Health Issues Affect a Divorce?

Severe mental health issues can and almost certainly will play a significant role in the way your divorce proceeds and the outcomes you can expect. A spouse who suffers from severe mental health issues may be entitled to certain protections under the law, and possibly a guardian ad litem to represent them during the divorce process.

These issues may impact any aspect of the divorce, and you can expect it to have a particularly big effect on child custody and child support/alimony.

Mental health and child custody

Mental health issues are one of a number of factors a judge will consider in a child custody case, along with the age of the child, the child’s relationship with each parent, the child’s relationship with siblings, the child’s school and community situation, each parent’s age and physical health, each parent’s history of domestic violence and any other relevant factor.

A parent with substantial mental health issues may be deemed unfit for custody, or at the very least face challenges in obtaining custody.

Mental health and support

Mental health issues may either increase or reduce the spouse’s share of marital property depending on the circumstances of the case. Those issues may also interfere with that spouse’s ability to support him or herself, which could, in turn, influence any alimony agreements reached in the divorce. No mental health issues will result in a parent evading child support obligations, though, as child support is the right of each individual child.

For more information about the effects you can expect mental health problems to have on a divorce, contact an experienced Long Island divorce lawyer at Bryan L. Salamone & Associates.