How Do Mental Health Issues Affect Divorce In Virginia?

*Content warning: discussion of mental health

While mental health may be a major component during a relationship, it may maintain a similar role throughout a divorce. Here’s how mental health issues may affect a Virginia divorce.

Navigating a mental health issue offers many struggles, let alone during a divorce. Understanding the impact mental health issues can have on a divorce in Virginia may be crucial for parties.

Filing For Divorce Due to Mental Health Issues

One can file for divorce in Virginia due to mental health issues, which falls under an “irreconcilable difference.”

Related: Surrogacy Laws By State

Divorce Attorney Aiding in Mental Health Issues and Divorce

If a spouse struggles with a mental health issue, a divorce attorney may be a valuable asset throughout a divorce. From aiding in the divorce process to helping a spouse better understand the legalities of a Virginia divorce, a divorce attorney’s knowledge and expertise may help the divorce process become smoother.

Divorce attorneys may also help the spouse utilize certain anxiety and grieving tactics throughout the divorce process.

Mental Illness, Divorce, And Child Custody In Virginia

If applicable, child custody may become a major component of a couple’s divorce. Mental health struggles may impact a parent’s ability to receive child custody under some circumstances.

A judge will consider the severity of the parent’s mental health condition, the child’s safety, and other relevant information. If necessary, a judge may create a custodial schedule or visitation plan.

A judge must award child custody to the parent(s) with the child’s best interest in mind.

Related: Divorce Cost By State

Mental Illness, Divorce, And Spousal Support In Virginia

A spouse can still receive spousal support even if they take medication for their mental illness. If the spouse handles their mental illness correctly and with professional guidance, mental health should not negatively impact their opportunity to receive spousal support.

In many cases, mental illness may help a spouse receive spousal support. If a spouse’s mental illness prevents them from functioning at a high level, earning a substantial wage, among many other circumstances, spousal support may receive compensation to alleviate some of the financial burdens.

FAQs About Mental Health Issues And Divorce In Virginia

If a spouse struggles with mental health issues and self-medicates, does that impact divorce proceedings in Virginia?

If a spouse (especially a parent) experiments with self-medication, the court will assess the situation and handle it accordingly. If parties have children, a self-medicating parent may not always prioritize the child’s best interest, resulting in their co-parent receiving custody.

Is a divorce attorney necessary in Virginia?

No, couples do not need to consult a divorce attorney in Virginia. However, if mental illnesses play a role in a divorce, a divorce attorney may be a crucial asset for both parties.

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If you or a loved one would like to learn more about how mental health issues affect divorce in Virginia, get your free consultation with one of our divorce attorneys today!