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DivorceEmotionally Prepare For DivorceMental Illness

How To Divorce A Spouse Who Has Mental Illness

By July 8, 2022April 25th, 2024No Comments

Divorce is difficult no matter what the circumstances are. However, divorcing someone who has a mental illness can add a layer of difficulty. Although you may be the spouse suffering the most from divorce, you must handle the divorce with someone struggling with mental illness with consideration and care. If you are struggling with managing your divorce from your spouse who has a mental illness, our Texas divorce attorneys are here to guide you through how to handle your spouse.

Are you ready to divorce your spouse who is mentally ill?

Before we discuss how to handle your spouse during your divorce, it is important to answer the following questions.

  1. Does your spouse recognize that they have a mental illness?
  2. Does your spouse receive help for their mental illness?
  3. Do you receive help together?
  4. How do you assist your spouse with their mental illness?
  5. Have you discussed your concerns with your spouse?
  6. What does your future look like if you stay with your spouse?
  7. If you stay married, how are your children affected?
  8. Are you currently happy?

How to prepare yourself when divorcing someone with mental illness

It is not healthy for anyone to be in a marriage that is causing you, your spouse, and your children to be unhappy. However, when dealing with a spouse with mental illness, it is crucial to separate your pain from their illness. When going through a divorce with someone, keep these considerations in mind as you work through your divorce.

1. Wait for the best time to talk to them about getting a divorce

Anyone who struggles with mental illness has good and bad days. It would be best to wait for the best possible time to speak to your spouse about getting a divorce. They need to be in a good mental state and think clearly. You want to ask for a divorce as peacefully as possible. This blog post on how to peacefully ask for divorce gives your a few suggestions.

2. Give them time to process the divorce

Although you may want to get things moving quickly, it is important to give them time to process the fact you are getting a divorce. After that, you can start to live separately, but they may need more time to file and sign divorce documents.

3. Try to keep your divorce as friendly as possible

Unfortunately, this means that you might have to be the bigger person. Don’t get hung up on the small things; stick to the bigger picture, and use mediation and your divorce attorney to your advantage to help walk you through your divorce.

4. You might not get the financial support you want

If your spouse has a severe mental illness, it could prevent them from holding a job or having a job that makes a significant amount of money to support any children. You might have to make sure you can financially support the children on your own. It’s not to say that you shouldn’t get a divorce; however, you will have to prepare yourself for your future, which may not be the future you expected.

5. Mental illness and child custody

If you feel your children are in harm’s way, it is best to go through the courts to get the protection they need. It is not a good idea to approach your ex-spouse with threats about not seeing the children. It could make things a lot more difficult for you in the long run. If you feel your ex-spouse can take care of your children, it would be a good idea to develop a child custody agreement with your lawyer that would be fair to you and your spouse.

6. Take care of yourself

Self-care is extremely important for anyone who is going through a divorce. Divorce can be emotionally and physically draining. Make sure you have a therapist or a good support group that you can lean on. You must also have the support of a caring Texas divorce attorney who can guide you in the right direction.

Working with a Texas Family Law Attorney

It is essential that you work with a Texas family law attorney who understands the difficulties of getting a divorce and how difficult it is to divorce someone who struggles with mental illness. Our Texas family law attorneys are here to answer all your questions and support you before, during, and after your divorce.

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