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Annapolis Divorce and Mental Illness Attorney

If you are struggling in a marriage due to mental illness, an Annapolis divorce and mental illness attorney can help you determine the most constructive legal options for managing your divorce. Contact Arn Family Law today for a phone consultation and see how our firm can assist you with this difficult situation.

Why Hire Arn Family Law?

The right attorney will make a tremendous difference in the outcome of any divorce, but a divorce involving mental illness is an especially sensitive and complex issue requiring professional legal counsel.

  • Helping clients through difficult divorces is more than our profession, it is our passion and we will ensure respectful, compassionate legal counsel throughout your relationship with our firm.
  • Our Annapolis divorce attorneys will carefully explain every facet of your case so you can fully understand the legal implications of your situation and what to expect from the divorce process.
  • Our firm can assist with professional asset valuation, handle evidence gathering, and represent your interests in family court.

Divorce is almost always a stressful experience, but if you are divorcing your spouse due to a significant incurable mental illness, your attorneys must be able to provide compassionate legal guidance throughout the entire divorce process.

What Will My Annapolis Divorce and Mental Illness Attorney Do for Me?

Your attorney can help you determine valid grounds for an absolute divorce, such as your spouse’s diagnosis with an incurable mental illness. In Maryland, uncurable insanity or any debilitating mental illness that makes marriage untenable or unsafe for the other spouse constitutes grounds for absolute divorce, and your attorney will help you prepare for the legal process.

Divorce on Grounds of Mental Illness

Some mental health conditions progress over time, causing worsening symptoms the longer the condition continues. Mental health conditions are often difficult to treat, and very few effective treatments exist that will work for everyone with a condition. If a spouse develops a mental illness or has a mental illness that progressively worsens, this can create a difficult or even dangerous situation for the other spouse and/or children of the marriage. Additionally, a person with a severe mental health condition will probably be unable to perform essential functions to maintain the marriage, such as working to provide financial support or providing personal comfort, affection, and guidance.

In Maryland, a spouse must have spent a minimum of three years confined in a hospital, mental institution, or other institution before the other spouse may file for divorce. Additionally, the institutionalized spouse must have at least one diagnosis of an incurable condition from an attending physician that indicates no hope of recovery. The only other requirement is residency; at least one of the spouses must be a Maryland resident for at least two years before filing for divorce in Maryland.

Mental illness as grounds for divorce will likely influence spousal support and property division determinations. Additionally, the spouse with the mental health condition may face limited custody of the couple’s children for safety reasons and may only have the option of limited, supervised visitation following the divorce. If the parent’s mental health issue prevents safe parenting or poses any physical danger to the children, the parent may lose parental rights for an indeterminate amount of time.

Find Reliable Legal Counsel for Your Divorce

Approaching a divorce is never easy but coming to terms with a spouse’s incurable insanity or severe mental health condition is especially difficult. The attorneys at Arn Family Law have extensive experience with difficult divorce cases and want to help you through this difficult time. Contact our firm today for a phone consultation and find out how we can help you through your Annapolis divorce.