Coronavirus (covid-19) Update:
Our Firm Is Open And Serving The Needs Of Existing And New Clients. Click Here For More Information.

Roanoke Family Law And Criminal Defense
  • Super Lawyers
  • Million Dollar Advocates Forum
View Our Practice Areas

How are mental health issues viewed in the context of divorce?

Going through marital struggles can be extremely difficult and can take a harsh toll on any person's well-being. It can alter your perception of reality, and it may leave you feeling angry, anxious or depressed. It's no coincidence that many people going through a divorce are suffering with mental health issues.

Mental health issues may be a trigger for a divorce, or they may arise as the result of marital tensions. Existing issues may also become worsened during a hard time in the marriage. If you or your spouse is suffering from mental health problems, it is important that the affected person first seek guidance from a medical professional.

If you are considering filing for a divorce with a spouse who is suffering from a mental illness, it is likely that you will be feeling conflicted in regard to what action you should take. There are many emotional aspects to a divorce that you will need to assess before making a decision. However, there are also legal aspects that might be affected by the existence of a mental illness. It is important that you understand how a mental illness might affect your divorce.

How a mental illness might affect your divorce settlement

In Virginia, an at-fault divorce might be successfully claimed on the grounds of insanity. This might help the healthy spouse to avoid having responsibility for the breakdown of the marriage. Alternatively, a no-fault divorce could be sought.

A divorcing spouse suffering from a mental illness will likely require financial support after the divorce has been finalized. This means that it is likely that the healthy spouse will have alimony obligations.

How a divorce might affect child custody

A mental illness is no reason for a parent to lose access to their child. The only reason why a parent might lose custody is if they pose a risk to the child in question. A child custody arrangement will be made in accordance with the child's best interests.

If you are considering a divorce in Virginia, it is important that you learn more about how the law will apply to your specific situation.

No Comments

Leave a comment
Comment Information

Lutins & Pilgreen, PC
209 Mountain Avenue SW
Roanoke, VA 24016

Phone: 540-627-5150
Phone: 540-344-5167
Roanoke Law Office Map

Credit Cards Accepted

Visa Mastercard American Express Discover PayPal

We’d Love Your Feedback!

“On Criminal Cases” a Free Consultation is Offered All discussions are confidential.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Back to top