Ask a Lawyer About Mental Health Issues and Divorce

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Ask a Lawyer About Mental Health Issues and Divorce

When you have questions about mental health issues and divorce, ask a lawyer. Handling a stressful divorce alongside mental health issues can seem daunting. With a divorce lawyer’s assistance, you can understand your rights and pursue your best outcome during the divorce process.

How Can Mental Health Issues Impact Divorce?

Increased awareness of mental health issues in society comes with a need to understand their impact on significant life events such as divorce. For many people, divorce is a uniquely stressful and draining process. The added struggle of dealing with a divorce could make mental health issues worse. It may even cause mental health problems that were not present when the marriage was happy, such as depression, anxiety, loss of sleep, etc. due to the marriage ending. Moreover, the COVID-19 pandemic has led to an increase in both mental health issues and strains on relationships.

If you or your spouse have mental health concerns, you may wonder how it could impact your divorce. Depending on the type and severity of the issues you or your spouse have, you may need different solutions. These solutions could come from a legal or practical perspective. Some examples include:

Unfortunately, mental health issues can negatively impact your family when you are going through a divorce. From a legal perspective, your divorce lawyer can assist you with getting appropriate protections in place for yourself and any children.

What If Your Spouse’s Mental Health Issues Are Affecting the Divorce?

Ask your lawyer for individualized advice if you worry that your spouse’s issues are affecting the divorce. You may need to protect yourself or assert your rights during the divorce process. Because divorce involves dividing up your lives and your joint property, it could unfortunately lead to a mental health crisis or simply a struggle to get your spouse to engage with the divorce process.

For example, you might need a restraining order during your separation period if there are safety concerns. You might need help communicating with your spouse or your spouse’s attorney to motivate him or her to reach a separation agreement or custody agreement. If your spouse’s mental health challenges could lead to harm to your children, you may even need a child custody order to protect them. Some of these examples might sound extreme, but that is why you need advice tailored to your unique situation.

What If You Worry that Your Mental Health Could Affect the Divorce?

If you have your own individual mental health concerns, you might worry that your spouse could use them against you during the divorce. Even if you believe that the divorce is amicable, this is a very real worry that your lawyer can help you address.

Your ex-spouse could try to present evidence of your mental health status to the court in an attempt to affect decisions on child custody.. The judge weighs many different factors in making custody decisions, and unfortunately mental health issues could work against you depending on the situation. Although more people are aware of the prevalence of mental health issues in our society, a lack of tolerance for these concerns is still widespread and might affect your case.

Instead of waiting to see what your spouse will do, you need a plan in place to present your best case for custody and alimony. Speak to a divorce lawyer who listens to your concerns and tailors their strategy to your situation. You may have options that you do not realize during the divorce process.

We’re Here to Help With North Carolina Divorces

If you are considering ending your marriage, the team at New Direction Family Law is available today to answer your questions. Our attorneys are knowledgeable, effective, and compassionate professionals who can tailor legal advice to your unique situation. We work hard toward the best outcome for clients in Wake, Johnston, Durham, and surrounding counties. Contact New Direction Family Law at (919) 646-6561 to schedule a consultation, or visit us at our website.

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