The Impact of Mental Illness on Divorce in Illinois

 Posted on December 16, 2024 in Divorce

Divorce can be a difficult process, and it can become even more difficult when mental illness is involved. If one or both spouses suffer from mental health conditions, it might make certain divorce methods like collaborative law or mediation unfeasible. Illinois law also takes mental health issues into account when deciding about matters like child custody and the equitable distribution of assets. Speak with a knowledgeable Oak Park, IL family law attorney to understand more about how mental illness can affect the divorce process in Illinois.

Mental Illness and Marital Problems

The category of "mental illness" covers a wide range of conditions that can affect how someone thinks, feels, and behaves. Depression, anxiety, bipolar disorder, and schizophrenia are some of the more common mental health conditions that many people live with. These conditions can have a major impact on a marriage, particularly when one spouse has trouble managing their symptoms, causing stress, misunderstandings, or conflict in the relationship.

A spouse with mental illness does not automatically mean that the marriage is doomed; many couples can work together, often with the help of medical professionals, to understand how to live with it. Unfortunately, however, there are many cases of marriages breaking down as a result of issues related to a spouse’s mental health.

Even if mental illness is not the sole reason why a marriage breaks down, it can certainly be a contributing factor. The impact of mental illness on a relationship often depends on the severity of the condition, whether the person with the illness seeks treatment or support, and the degree of communication between spouses.

Mental Illness and Illinois Divorce Law

In Illinois, couples file for divorce solely based on the grounds of "irreconcilable differences," meaning the marriage has broken down beyond repair. Illinois follows a no-fault divorce model, so there is no need to prove that someone is to blame for the split. Therefore, if a couple is breaking up because one spouse’s mental illness has damaged their relationship irreparably, that spouse’s personal medical information does not need to be disclosed in the divorce petition. However, when mental illness is involved, it can impact other aspects of the divorce process. For example:

• Parental Responsibilities/Custody and parenting time: Since Illinois courts always prioritize children’s best interests in any decision affecting the children, a parent’s diminished ability to provide a safe and stable environment due to mental illness could impact parental responsibilities/custody and parenting decisions;

• Property division: Illinois courts take factors such as each spouse's earning capacity and medical needs into account when deciding how assets will be divided in a divorce. Mental illness that prevents someone from earning a steady income and requires medical attention can impact these decisions. Additionally, if one spouse can demonstrate that they had an unfair burden of financial strain because the other spouse’s mental illness led to financial misconduct, the division of assets might be adjusted to account for that; and,

• Spousal maintenance: Illinois courts consider each spouse's ability to work and support him or herself when deciding about spousal maintenance, so mental illness that hinders a career can impact these decisions. The financial burden of ongoing treatment might also justify higher maintenance payments to ensure that the affected spouse's needs are adequately met.

Schedule a Free Consultation with a Hillside, IL Family Law Attorney

Mental illness can make the already challenging process of divorce seem even more difficult to go through. However, a qualified Oak Park, IL divorce lawyer can help you navigate the path toward a favorable outcome. When you work with the Law Office of Vincent C. Machroli, P.C., you benefit from 37 years of experience guiding families and individuals toward solutions that address their concerns and serve their best interests. Call 708-449-7404 to schedule a free consultation.