A Blog Post for Those Facing Mental Health Problems During a Divorce

Divorce. It’s a word that sends shivers down your spine, conjuring up images of heated arguments, bitter disputes, and endless paperwork. And if you thought divorce was already a rollercoaster ride, imagine throwing mental health issues into the mix! But fear not, intrepid reader, for we are here to guide you through the stormy seas of mental health and divorce settlements.

Short Answer:

Can mental health issues impact your divorce settlement? Absolutely. But fret not, as we’ve got the compass and map to help you navigate these uncharted waters.

Reasons to Keep Reading:

  1. Property battles, spousal support, and negotiation pitfalls: Discover how mental health issues can impact crucial aspects of your divorce, from property division to spousal support. 
  2. Surviving the tempest: Coping strategies for individuals: We’ll provide you with a treasure trove of coping strategies, therapy tips, and self-care practices to help you stay afloat and keep your sanity intact.
  3. Navigating co-parenting and communication shoals: Learn effective strategies, explore co-parenting classes, and discover how mediation can help you weather the challenges and create a nurturing environment for your children.
  4. Finding the lighthouse: Support systems and resources: In the darkest of nights, a lighthouse guides lost ships to safety. We’ll shed light on the importance of building a strong support system, connecting with therapists, support groups, and organizations tailored specifically to your needs. You don’t have to face this storm alone.
  5. The treasure hunt: Impact on financial matters: Mental health issues can have a surprising impact on the financial aspects of your divorce. Discover how treatment costs, ongoing therapy, and medication expenses can influence financial settlements, child support calculations, and spousal support agreements. Don’t let your mental health become a financial shipwreck.

So, prepare to set sail on this adventure with us. By the time we reach the shore, you’ll have acquired the knowledge, resources, and strategies required to navigate the treacherous waters of mental health and divorce settlements. It won’t be an easy journey, but together we’ll brave the storms and find solace in calmer seas. Let’s chart a course for a brighter future amidst the tempest!

The Impact of Mental Health Issues on Divorce: Navigating Complex Terrain

Divorce. It’s a journey no one hopes to embark upon, yet many find themselves on its unpredictable path. As family law attorneys, we understand the weighty challenges divorce presents, and we’re here to offer guidance and support. Today, we delve into an aspect of divorce that adds an extra layer of complexity: mental health issues. Whether you or your spouse encounter these challenges, you cannot ignore their impact on your divorce. This article explores the intricate relationship between mental health and divorce, shedding light on the unique hurdles you may face. So buckle up, dear reader, as we navigate this tumultuous terrain together.

Why Are You Getting a Divorce?

When it comes to filing for divorce, Texas allows any married person to do so for any reason. However, a Petition for Divorce must specify the grounds for divorce. While the majority of Texas divorces end up as “no-fault” cases, where the reason remains unspecified, fault grounds for divorce still exist. These include abandonment, felony conviction, adultery, cruelty, and the topic we’ll focus on: confinement in a mental hospital.

Insanity and/or Confinement in a Mental Hospital as Fault Grounds

Proving that a spouse is “insane” to obtain a divorce requires presenting evidence and demonstrating that the confinement in a mental hospital lasted for at least three years and is not a temporary condition. In criminal cases, individuals can use the insanity defense, but it doesn’t serve as a defense against someone filing for divorce. In divorce cases, one can cite insanity as a cause, and a guardian ad litem may be appointed to represent the interests of the “insane” spouse. However, this condition won’t prevent the divorce from proceeding.

Fault Grounds for Divorce



One spouse has willfully left the other for a continuous period of time without consent or justification.

Felony Conviction

One spouse has been convicted of a felony and sentenced to confinement in a correctional facility.


One spouse has engaged in voluntary sexual intercourse with someone other than their spouse.


One spouse has treated the other with physical or emotional cruelty, making it unsafe or intolerable to continue the marriage.

Confinement in a Mental Hospital

One spouse has been confined in a mental hospital for at least three years due to mental illness, and their condition is not temporary.

Impact on Child Custody: A Delicate Balance

When mental health problems are present, child custody becomes an area of great concern for the court. The well-being of the children takes center stage, and decisions are made based on their best interests. As a parent, providing an environment where your children’s physical, emotional, and educational well-being can flourish is vital. However, if your own mental health poses a risk, it becomes challenging for a judge to determine if you can safeguard your children. Your emotional stability plays a crucial role. If you struggle to manage your own emotions, make sound decisions, and maintain critical thinking skills, it raises doubts about your ability to do the same for your children. When considering life or death situations, a judge must weigh whether you can effectively protect your children from harm.

Coping with the Storm: Strategies for Mental Health and Divorce

Navigating divorce while managing mental health challenges requires resilience and a strategic approach. It’s essential to develop effective coping strategies to weather the storm. Seeking therapy and support groups tailored to your specific needs can provide a lifeline during this tumultuous time. Emphasizing self-care, stress management, and emotional well-being becomes paramount. Remember, you don’t have to brave this tempest alone. Building a strong support system consisting of trusted friends, family, therapists, and support groups can provide the much-needed anchor during these challenging times.

The Financial Swell: Mental Health Issues and Settlements

Mental health issues can create financial ripples throughout the divorce process. Ongoing therapy, medication costs, and treatment expenses can significantly impact financial settlements, child support calculations, and spousal support agreements. Documenting and communicating these expenses effectively is crucial to ensure they are considered during negotiations. Understanding the financial implications and seeking professional guidance can help you secure a fair settlement.

Individuals with mental health issues possess legal rights and protections during divorce proceedings. Laws such as the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) safeguard against discrimination and provide accommodations. Knowing your rights, disclosing mental health conditions as needed, and seeking legal advice ensure you receive the protection you deserve.

Anchoring Resources: Support for Mental Health and Divorce

In the midst of this turbulent journey, remember that help is within reach. Numerous resources, helplines, and organizations specialize in providing mental health support specifically tailored for individuals going through divorce. These invaluable resources offer guidance, counseling, and a safe space to share experiences with others who understand your challenges. Don’t hesitate to reach out and utilize the support available to you.

Weathering the Aftermath: Long-Term Mental Health Support

Even after the storm of divorce has passed, its impact on mental health can linger. It’s crucial to prioritize long-term mental health support and engage in self-care practices. Continuing therapy, maintaining a healthy lifestyle, and seeking professional help are essential for healing and regaining stability. Remember, the journey toward mental well-being is ongoing, and seeking support is a testament to your resilience.

We hope you feel better equipped to navigate this complex terrain as we conclude this expedition through the intricate relationship between mental health and divorce. By understanding the impact of mental health issues, developing coping strategies, protecting your rights, and seeking support, you can emerge from the storm with newfound strength and clarity. Remember, you’re not alone in this voyage – we’re here to guide you, and together, we’ll sail towards a brighter horizon.

Can a mental health condition cause you or your spouse to lose time with your children?

Suppose you have a “slight” mental health problem, like attention deficit disorder or something along those lines. You can succeed as a parent despite your mental health problem with a proper medication regimen. I don’t mean to diminish the potential impacts of ADD or ADHD on your life, however, these are not the sort of mental health problems that typically require inpatient medical or psychiatric care.

Mental Health Impact on Divorce

Significant mental health conditions have the potential to affect your divorce in profound ways, however. Consider this hypothetical example. Suppose that your husband is battling severe depression, anxiety, and bi-polar disorders. You have had to check him into care at a local psychiatric ward of a well-known hospital where he has had off and on stays that total six months throughout your ten-year marriage. These conditions have offered challenges that you both have attempted to work on but now have gotten to the point where you have concerns about your child’s well-being when your husband is home. As a result, you have decided to pursue a divorce.

On a Monday morning, you walk into our office to discuss with our attorneys the possibility of our office representing you in a divorce from your spouse. You are not trying to deny your husband the opportunity to see your children, but his behavior of late has you a bit worried that he could harm your children inadvertently. Among the most important questions you ask, you would like to know how likely it is that a court will look negatively at your spouse’s mental health problems regarding child custody issues.

Texas Judges and Child Visitation

Texas judges are empowered to make decisions regarding your children’s well-being in determining an appropriate visitation plan for noncustodial parents like your husband. Your judge could deny, limit, or otherwise restrict his access to your children while he is not well mentally or otherwise unable to act responsibility in his duties of raising your children. The information we provide you would probably sound a lot like the following.

Suppose your spouse has undertaken consistent treatment and appeared to be on the upswing in handling his mental health conditions. While this could be perceived as a positive step in his endeavor to gain more time with your children, engaging in illegal drug use or inappropriate behavior would likely hamper his ability to secure substantial visitation rights after the divorce is finalized.

Supervised visitation

It is rare when a judge completely bars a parent from seeing their child. Even parents who have committed acts of family violence will often receive visitation with their children, albeit usually restricted in most circumstances. Another option that judges will frequently order in cases where mental health problems are apparent is to allow a spouse to have supervised visitation for some time.

Supervised visitation usually involves the spouse battling mental health issues being able to visit with their child in a supervised setting like a supervised visitation facility, relative’s home, or public place. The purpose of this is to safeguard a vulnerable child from a parent whose actions may not be entirely trustworthy regarding the child’s best interests. This is a bitter pill for most parents to swallow- understandably so. Think about if you had to have your parenting time with your child supervised by a person that you don’t even know or by your ex-spouse. That is a completely unnatural situation to be in as a parent but may be necessary if you are suffering from mental health problems.

Fortunately, if you find yourself in this situation there is hope for you. If you can improve your mental health through counseling, medication, or a combination of the two it is possible that you could be awarded more autonomy over your parenting sessions as time goes by. Gradually your parenting/visitation time periods could be made to be not supervised at all. If and when you find your own housing, your child could even be allowed to visit there. This is typically called “stair-stepping” where your parenting periods become more normalized.

Drug testing as a part of a mentally ill person’s parenting plan

Another aspect of these scenarios is that a court often mandates drug testing and the other parent to oversee a mentally ill parent’s behavior to ensure a child’s safety best. These drug tests can be administered by following a set schedule as laid out in the Final Decree of Divorce or can be done randomly and without notice per the request of the non-mentally ill parent.

Your or your spouse’s emotional and mental stability can improve. I don’t mean to make it seem like your life cannot improve once you have been diagnosed with mental health problems. As we have seen, your restrictions to visiting with your child can be backed off upon or withdrawn completely if your condition improves.

On the other hand, you risk significant financial costs if they do not. The costs associated with attending supervised visitation sessions with your children at a supervised visitation facility will be borne by you. Additionally, while your ex-spouse is likely to be on the hook for paying for random drug screenings that are negative, if you test positive consistently those tests are likely to be your responsibility. In short, taking your court’s orders seriously is essential and doing whatever you can to improve your mental health.

Termination of parental rights, child support and annulments will be discussed in tomorrow’s blog post

Thank you for being so interested in learning more about mental health challenges as they pertain to Texas divorce cases. Your own case may be impacted by many of the scenarios we have laid out today and we hope that the information we have shared today will be helpful to you.

In tomorrow’s blog post we will discuss additional subjects related to mental health problems, including the possibility that you or your spouse’s parental rights could be terminated due to mental health problems. We hope to have you back with us then.

In the meantime, if you have any questions about the material that we have covered please do not hesitate to contact the Law Office of Bryan Fagan. We offer free of charge consultations six days a week with our licensed family law attorneys who can answer your questions and address your concerns.

Mental Health and Divorce Settlement: Navigating the Challenges

Divorce is a complex and emotionally challenging process that can take a toll on anyone involved. The difficulties can be magnified when mental health issues are also a factor. In this article, we will explore the impact of mental health issues on the overall divorce process, provide coping strategies for individuals facing mental health challenges, address co-parenting and communication challenges, discuss support systems and resources, analyze the impact on financial matters, delve into legal considerations and protections, examine the impact of divorce on mental health, explore child custody evaluations and mental health assessments, and highlight the importance of long-term mental health support.

Impact of Mental Health Issues on the Overall Divorce Process

Divorce involves numerous aspects, including property division, spousal support, and negotiation of settlements. Mental health issues can significantly impact these areas. For example, if one spouse has a mental health condition that affects their ability to work, it may influence the division of assets and the determination of spousal support. The court may consider the individual’s mental health needs and potential ongoing costs related to treatment.

Coping Strategies for Individuals with Mental Health Issues during Divorce

Facing a divorce while dealing with mental health challenges can be overwhelming. It is essential to prioritize self-care and seek appropriate support. Therapy can provide a safe space to process emotions and develop coping strategies. Support groups offer the opportunity to connect with others who have gone through similar experiences. Engaging in stress management techniques, such as exercise, meditation, and journaling, can also be beneficial.

Co-Parenting and Communication Challenges

Co-parenting can be particularly challenging when mental health issues are present. Effective communication is crucial for the well-being of the children involved. Co-parenting classes can provide valuable guidance on navigating conflicts and promoting healthy communication. Mediation can also help divorcing couples with mental health issues find common ground and develop parenting plans that prioritize the children’s best interests.

Support Systems for Individuals with Mental Health Issues

Building a strong support system is essential during a divorce, especially for individuals with mental health challenges. Friends, family, therapists, and support groups can provide emotional support and guidance throughout the process. It is important to reach out to these networks and seek the help needed to navigate the complexities of divorce.

Impact of Mental Health Issues on Financial Matters

Mental health issues can have financial implications during a divorce. Ongoing therapy or medication costs may need to be considered when determining financial settlements, child support, and spousal support calculations. Documenting and communicating these costs is important to ensure they are appropriately considered during negotiation.

Individuals with mental health issues have legal rights and protections during divorce. Understanding these rights and seeking legal advice to ensure proper disclosure of mental health conditions and protection from potential discrimination is important. The Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) offer safeguards against discrimination and provide accommodations for individuals with mental health conditions.

Resources for Mental Health Support

There are various resources available to individuals facing mental health challenges during divorce. National or local organizations, helplines, and online support communities can provide valuable guidance, information, and emotional support. Seeking out these resources can help individuals feel less alone and provide them with practical advice for navigating their unique situations.

Impact of Divorce on Mental Health

Divorce can have a profound impact on mental health. The stress, anxiety, and depression associated with the process can be overwhelming. Seeking professional help from therapists or counselors trained in divorce-related issues can provide valuable support and guidance. Developing healthy coping mechanisms, engaging in self-care practices, and contacting support networks are essential for maintaining mental well-being during and after the divorce.

Child Custody Evaluations and Mental Health Assessments

In cases involving mental health issues, the court may order child custody evaluations or mental health assessments to ensure the well-being of the children involved. These evaluations and assessments help determine the most suitable custody arrangements based on the children’s best interests. Cooperating with these processes and providing any necessary information is important to ensure a fair evaluation.

Long-Term Effects and Ongoing Mental Health Support

Divorce can have long-term effects on mental health, even after the process is finalized. It is crucial to prioritize ongoing mental health support and self-care. Regular therapy sessions, maintaining healthy lifestyle habits, and seeking support from loved ones can aid in the healing process. Recognizing that recovery takes time and being patient with oneself are vital for long-term well-being.

In conclusion, mental health issues can significantly impact the divorce process. It is important for individuals facing these challenges to seek appropriate support, develop coping strategies, and understand their legal rights. By prioritizing mental well-being and utilizing available resources, individuals can navigate the complexities of divorce and emerge stronger on the other side. Remember, seeking professional guidance from therapists, counselors, and family law attorneys can provide valuable support.

Conclusion: Setting Sail Towards a Brighter Horizon

Ahoy, weary travelers of the tumultuous seas of divorce! As our journey through the intricate relationship between mental health and divorce comes to a close, let us reflect on our shared journey.

Short Answer: Can mental health issues impact your divorce settlement? Absolutely. But fret not, as we’ve charted a course to guide you through these stormy waters.

Throughout this adventure, we’ve uncovered the hidden reefs and treacherous currents that mental health issues can create during a divorce. We’ve armed you with coping strategies, emphasized the importance of support networks, and shed light on the legal considerations and financial implications you may encounter.

Imagine, if you will, sailing through a tempestuous storm. The winds howl, the waves crash, and uncertainty looms on the horizon. But fear not, intrepid reader, for you are not alone in this journey. With our guidance and the support of those around you, you possess the strength to weather the storm.

As we bid you farewell, remember to tend to your mental well-being, seek therapy when needed, and anchor yourself with a strong support system. Embrace the power of resilience and self-care as you navigate the uncharted waters of divorce.

And if ever the waves grow too fierce or the skies too dark, remember that brighter horizons await. The storm will pass, and you will emerge stronger, wiser, and ready to embrace a new chapter in your life.

Fair winds and smooth seas, dear reader. May you find solace, healing, and a fresh start as you sail towards that brighter horizon. Bon voyage!

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