Going through a divorce is a complex and stressful experience for everyone involved. When one party has a mental health condition, there can be additional complicating implications.  For instance, issues such as the individual having symptoms which interfere with their ability to participate in the case and safety considerations regarding custody can arise. Here are some matters to consider regarding mental health issues and divorce:

Michigan is a no-fault divorce state, meaning that the law does not allow the assignment of blame for the marriage ending. Therefore, while a partner’s mental health condition may be the reason for the divorce, it will not be in the divorce pleadings. However, the court looks to numerous factors to determine how marital property should be equitably divided and whether spousal support is appropriate in a case. The court can consider the partner’s health, their conduct towards the other, their fault in causing the marriage to fail, and their mismanagement of marital assets. In some instances, these behaviors may be connected to an individual’s mental health condition and therefore germane to the issues before the court.

When an individual has a psychological or psychiatric diagnosis, they may have developed effective means to function and manage their symptoms. However, in some cases, the stress of a divorce may prove to be triggering and lead to their becoming symptomatic. Depending on the person’s condition, these symptoms may present as the person becoming irrational, emotionally volatile, unreasonable, and uncommunicative regarding the issues in the case. Unfortunately, if the person cannot meaningfully engage in the process and effectively communicate it may be necessary to have the court become involved.

When children are part of a divorce, the court is charged with approving or deciding terms which are in their best interest. The court evaluates best interest by looking at several factors which pertain to the child’s well-being. One of the enumerated factors is “the mental and physical health of the parties involved.” The court will also be able to examine each parent’s demonstrated ability to provide a stable and safe home which supports the child’s emotional health. If a parent’s mental health condition has endangered their child in the past, the court could limit their contact with them. Likewise, if a parent has a diagnosis but has demonstrated management of their symptoms and condition, the court may decide that the parent should have the same equal time-sharing and decision-making authority as their former partner.



Mental health issues and divorce can be concerning during a divorce case. We understand the challenges families can encounter with this issue during divorce and are here to help. Please contact us online or by phone if we may be of assistance.  http://bestmichiganlawyer.com/contact-us