Divorce Involving A Mentally Ill Spouse

The erratic behavior that led you to file for divorce from your spouse can make the proceedings more complex. Being prepared to deal with mental health issues is an important part of planning your divorce.

At Hendrickson Cooper Hughes, based in Huntington Beach, California, our lawyers are here to protect your interests when your divorce involves issues such as drug abuse, alcoholism and mental illness. Call 714-362-2413 for a free initial consultation.

Using Discretion And Care To Minimize Conflict

A spouse's mental health issues must be handled with discretion and care. It's also important to involve professionals in mental health and substance abuse fields who may be required to conduct an evaluation, provide information to the court and, if necessary, testify in court as expert witnesses.

Mental health issues are often closely intertwined with drug and alcohol abuse. As a result, it may be necessary to conduct both a psychological evaluation and a substance abuse evaluation. Our lawyers may be able to negotiate with your spouse's legal counsel to reach a favorable settlement while keeping discovery of mental health issues out of court records. Such a settlement may include a requirement that your spouse obtains counseling and/or drug treatment.

If you are dealing with threats of violence, you may need a protective or restraining order against your spouse. Since a restraining order can affect your spouse's employment, it should only be obtained when necessary to keep you safe.

If you have children, their best interests come first. It may be necessary to conduct a custody evaluation to determine if your ex should be allowed unsupervised visitation. If mental health or drug abuse issues arise after divorce, it may be necessary to obtain a modification of your child custody and visitation order.

For More Information About Mental Health Issues And Divorce

To discuss mental health or substance abuse issues in divorce, call 714-362-2413 or complete our simple contact form to schedule a free initial consultation with one of our knowledgeable attorneys.