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Divorce

Divorcing a Mentally Ill Spouse in Texas

By June 10, 2025No Comments

Divorce is never easy, but when mental illness is involved, the legal and emotional challenges can become even more complex. If your spouse struggles with a mental health condition, you may be facing unique difficulties related to child custody, decision-making, and ensuring they receive proper care while also protecting your own well-being.

At CE Borman & Associates, we understand how sensitive and complicated these situations can be. Our team has extensive experience guiding clients in Bryan, Texas through divorce proceedings that involve mental health concerns. If you are considering divorce, understanding how Texas law approaches mental illness in family court can help you prepare for the road ahead.

This blog explores the legal considerations, potential challenges, and strategies for handling a divorce when one spouse has a mental illness.

How Mental Illness Can Impact a Texas Divorce

Texas is a no-fault divorce state, meaning you don’t need to prove wrongdoing to file for divorce. However, mental illness can still play a role in key areas of the process, including:

  • Child Custody & Visitation – Courts prioritize the best interests of the child. If a spouse’s mental illness affects their ability to parent safely, it could influence custody and visitation arrangements.
  • Property Division – If a spouse’s condition has impaired their ability to work or manage finances, the court may consider this when dividing assets and debts.
  • Spousal Maintenance (Alimony) – In some cases, if a spouse cannot support themselves due to a severe mental illness, the court may award spousal maintenance.
  • Competency to Participate in the Divorce – If a spouse’s mental health condition severely impairs their ability to make legal decisions, the court may appoint a legal representative for them.

Understanding how mental illness may impact your case can help you develop a strategy for moving forward.

Steps to Take When Divorcing a Mentally Ill Spouse

Gather documentation

Mental health issues can be difficult to prove in Texas courts without proper documentation. If your spouse’s condition has impacted their behavior, parenting, or finances, keep records such as:

  • Medical records or psychiatric evaluations (if accessible)
  • Police reports or restraining orders (if applicable)
  • Financial statements showing mismanagement or excessive spending
  • Communication (texts, emails) that demonstrate instability or erratic behavior

Having clear evidence can help the court make informed decisions regarding custody, support, and asset division.

Prioritize Your Safety If Needed

Some mental illnesses, particularly those involving paranoia, mood swings, or delusions, can lead to unpredictable or dangerous behavior. If you feel unsafe:

  • Consider obtaining a protective order if there has been a history of threats or violence.
  • Work with a family law attorney to create a strategy for leaving the marriage safely.
  • Have a support system in place, including family, friends, or a therapist.

Your safety and well-being should always be the top priority.

Work with a Knowledgable Divorce Attorney

Divorcing a spouse with mental health challenges requires a thoughtful approach. A family law attorney can help you:

At CE Borman & Associates, we have experience handling complex divorces in Brazos County, including those involving mental illness. Our team can help you address legal concerns while minimizing stress.

Consider Your Child’s Needs

If you share children with your spouse, their well-being should be a top priority. The court will evaluate factors such as:

  • Whether the mentally ill parent can provide a stable environment.
  • The impact of the illness on parenting abilities.
  • Whether supervised visitation may be necessary.

In some cases, the Brazos County court may order psychological evaluations or require a guardian ad litem to assess what custody arrangement is best for the child.

Plan for Financial Considerations

Mental illness can impact employment and financial stability. If your spouse is unable to work due to their condition, the court may consider this when dividing marital assets or awarding spousal maintenance. However, if their condition has led to reckless spending or significant debt, you may need legal assistance to ensure you aren’t unfairly burdened.

Call the Bryan, Texas Divorce Attorneys at CE Borman & Associates Today for Guidance

Divorcing a mentally ill spouse in Texas requires careful planning and legal intelligence. Our Bryan, Texas family law team is ready to protect your rights and help you navigate your high-conflict divorce with confidence.

If you need legal guidance, call us today at 979-200-4725 or visit our contact page to schedule a consultation. Let us help you take the next step toward a secure and stable future. 

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