How to File for Divorce When Your Spouse is Mentally Ill
Divorce laws vary depending on the state. Some requires a reason for a divorce while others use no-fault to dissolve the marriage. A no-fault divorce means one party can obtain a divorce by the state without the other person's consent, and generally mental illness is sufficient to grant a divorce in some states.
Things you will need to file a divorce due to mental illness.
- Income documentation
- Expenses
- Research your state divorce laws because each state has different criteria to determine mental illness. Some only recognized mental illness if two physicians certified that the individual has mental illness. While other states such as Alabama uses mental illness confinement for a successive period along with the patient prognosis over time.
- Check your local county jurisdiction policy. If your state allows a divorce base on mental illness, find out the requirements and where you need to file the divorce papers. Normally, you can start divorce proceedings in the city or state that you currently live in, if you can meet the state residency requirements, which is usually six to 12 months in most states.
- File the divorce petition along with the other necessary documents. A divorce generally needs a petition by the spouse who wants the divorce. When you fill out the petition, you must indicate that mental illness is the ground for your divorce. Make sure you include financial statements including income and debt and the summons for the divorce hearing.
- Wait until your spouse receives their serving papers. If your spouse is institutionalized, the attending physician, legal guardian or the spouse's attorney will work on their behalf.
- Provide the court with the grounds for the divorce if your spouse contests it. You will need to show that your spouse suffers from mental illness, and provide documentation to support your claim.