In the course of many divorce cases sometimes one spouse develops issues that affect their psychological functioning. The causes can range from prior undiagnosed mental health issues to sudden changes in mental health due to illness, substance abuse, or injury, such as head trauma. In these kinds of divorce cases, the complexity involved in trying to resolve the contested issues increases significantly. Determinations must be made about the spouse who suffered a change in their mental health status to assess their ability to understand the divorce process and to make decisions that are rational and appropriate. If this is not the case, attorneys need to first recognize that this is an issue, and then address the need to involve additional parties, such as a guardian ad litem to assist the afflicted spouse in helping to make decisions in their case, even if they have hired their own divorce attorney. The court is going to give heightened scrutiny to any and all agreements if there is the slightest suggestion that the mental health of a party is in question, and my hold up proceedings to assess whether the problem is serious enough to put the case on hold. Having an attorney who understands these kinds of issues in cases is critical so that unnecessary delays don’t cause additional financial harm and/or a waste of marital assets before addressing these kinds of problems. Thomas Law Group is experienced in handling these issues in a way that helps protects clients, whether they are the afflicted spouse or not.
Thomas Family Law Blog