What constitutes mental illness as grounds for a collaborative divorce?

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Question:

What constitutes mental illness as grounds for a collaborative divorce?

Answer:

Divorce can be “messy.” It can also be easy and relatively painless. This is particularly true in states where no-fault divorce prevails. In other states, fault-divorce insists on specific rationale for ending a marriage. No matter what the process, mental illness may be grounds for divorce in certain states, including no-fault states. For this to be valid, the insanity or mental illness be characterized by the following:

  • Be ongoing for several years – in some states between 2 to 5 years
  • Be incurable

Collaborative Divorce

Collaborative divorce is a process. The focus is not on certain grounds for divorce. Although mental illness may be one of the situations for collaborative divorce or rather facing it, this is not the intent of the approach. Its focal point is on the collaboration of the individuals in the marriage. The purpose is to enter the process with the intent of resolving equitably and justly all matters pertaining to the divorce. This includes several volatile issues including child support, spousal support, child visitation rights and financial responsibilities.

Collaborative divorce can be an effective means of dealing with the dissolution of the marriage without vituperative court battles. It also, however, requires both parties being completely aware of the voluntary ground rules. This might, depending upon the severity of the illness, actually restrict the ability of certain individuals with a severe mental illness from participating.

Contact A Divorce Lawyer

If you are planning a divorce, talk to an experienced divorce lawyer. He or she can help you decide on whether collaborative divorce is appropriate. An attorney will explain situations for collaborative divorce that are effective.

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