The divorce process can be stressful for any couple, but emotions can run particularly high if one spouse is suffering from mental health issues. These problems can affect how your divorce plays out and even what kind of final agreement can be reached. If you are divorcing someone who is struggling with their mental health, you will want an experienced Memphis, Tennessee property division lawyer on your side.
How Can a Spouse’s Mental Health Affect Property Division?
The mental health of a spouse is something that can have an effect on the divorce proceedings. One part of your divorce agreement it might affect is property division. One spouse may be able to secure more of the shared marital assets when everything is divided up.
This is because Tennessee does not divide property evenly in a divorce. It does this “equitably.” This may sound similar, but it means that whoever has a greater need can end up receiving more assets in the divorce. If a spouse with mental health issues struggles to hold down a job and support themselves, they might receive a greater share of the marital property in the divorce. They are likely to receive alimony as well.
On the other hand, if your spouse’s mental health issues have caused you undue stress and they are a primary reason that you are divorcing, you may be able to secure more of the marital assets in the divorce. This is especially likely if your spouse has wasted or squandered a significant amount of your marital assets due to their problems.
Can a Spouse With Mental Health Issues Get Custody of the Kids?
Parents can still get custody of their children or visitation rights when they are struggling with mental health issues. The court will consider a whole host of factors before awarding custody, including the well-being of the child.
What is Considered When Child Custody and Visitation Are Decided On?
Other factors that could affect how child custody and visitation are decided can include:
- The child’s age and needs
- Each parent’s ability to provide stability
- The age and health of each parent
- If either parent has a history of domestic violence
- The willingness of each parent to allow their child to have a relationship with the other parent
So it is entirely possible for a parent with mental health issues to have visitation or even custody of their children. If someone is making an effort to treat their problems and care for their children, that makes a big difference and could convince the court that they can provide stability. If a parent does not seem to make any effort to get treatment, they are far less likely to get custody.
Contact Our Law Firm
When you are ready to file for divorce, contact Rice Law. We can schedule a consultation where we can go over the facts of your case. Then we can help you fight for the best possible outcome.