Dealing with Mental Health Issues in Tennessee Divorce

Deciding to get a divorce is rarely an easy decision, but when it comes to divorcing a spouse who has mental health challenges, it can be an incredible ordeal. The person who is initiating the divorce might feel trapped in a marriage with someone they no longer understand, someone who is making their life a living hell, or even worse, someone who makes them sleep with one eye open in fear of a violent outburst. They might also feel conflicted if they are initiating the divorce because of their spouse’s mental illness, because they took a vow to love and be faithful to their spouse “in sickness and in health.”

We’re here to offer some insight about how to proceed when you have come to the decision that it is time to end your marriage, not to pass judgement about why. And we want you to know: you’re not alone. A multinational study of mental disorders, marriage, and divorce sought to estimate predictive associations of mental disorders with marriage and divorce. The study found 18 mental disorders that increased the likelihood of divorce. They also found that “three disorders, specific phobia, major depression, and alcohol abuse, are associated” with divorce more than the others.

Identifying the issue and the risks

For the purposes of a divorce, mental illness might “look” like folks whose difficulties get in the way of their ability to manage their own lives and perform their daily tasks. Mental illness might be caused by a disorder, by physical damage to the brain (like from a traumatic brain injury), by or a degenerative brain disease. In Tennessee, mental illness or insanity can be used as a defense in a fault-based divorce. In such a case, the mentally ill spouse would have to prove that he or she was not able to understand that their actions were wrong at the time.

Whether the mental illness takes the form of pathological lying, sex, drug or alcohol addiction, bipolar or clinical depression, these kinds of mental health disorders can make it difficult or impossible for the ill party to uphold their part of the relationship, and it can create a chaotic and unmanageable environment for the other party and the children. In situations as challenging as these, the person initiating the divorce will need to gather all the support they can find. They may petition the court for a trustee to act on their spouse’s behalf if they are unable to participate in the divorce, and they might recommend that their spouse hire a financial consultant to help them gather important documents.

If you are in a situation where you do not feel safe in your interactions with your spouse, make sure that you have someone with you that you trust when you must interact with them. A restraining order is a good option if they have behaved violently or threatened to take violent actions against you.

It can be helpful to remember that your spouse has not chosen their mental illness. Having compassion for them and dealing with them in the same way that you might deal with them if their illness was cancer or some other chronic disease. You are free to choose to divorce someone whose mental illness has made it difficult to maintain a marriage relationship. You can make sure that they are getting the treatment they need, while you take the steps to protect yourself without blaming yourself if the divorce seems to raise the intensity of their symptoms.

If you are thinking about divorce, but you are concerned about your partner’s mental health issues, you are welcome to call us at 865-637-6258 or fill out our contact form to schedule a consultation to discuss your case with an experienced Knoxville divorce attorney today. At LaFevor & Slaughter, we are sensitive and discreet, and we do whatever is in our power to help our clients navigate the divorce process successfully.