In other states like in Nebraska, they are considering the mental disorders (such as substance abuse, bipolar disorder, depression, etc.) are one of the common issues of divorce and other family law matters.Before, if you are going to file for a “fault” divorce and you want it to become successful, you need to stand on it and prove to the court during the divorce process. Also in the state of Nebraska, they no longer allow the fault-based divorce.
If the couple, agrees that their marriage is failed, the court can readily grant the divorce. But if one of them refuses, the court will do their research to know if their marriage is irretrievably broken. The facts that they gather will be their proofs in deciding.
Here are the common fault grounds for divorce:
- Mental and physical cruelty
- Alcohol and drug abuse, and
How can mentalillness become a factor in filing a divorce?
Mental healthissue as grounds for divorce
According to a study on 2011, it shows the different impacts of mental health concerns on the number of marriage and divorce. The primary reasons of this are having too many conflicts during their marriage like ensuring their long term relationship. Especially if the couple has children, the implication mental health issues of the other spouse can be one of the major concerns that the court might consider.
If the mental health is one of the major concerns during the divorce process, a request can be issued by the court to conduct a psychological examination. The court doesn’t have any law in choosing who will be the examiner, but make sure that the mental health exam is located in a reasonable distance. The request should also have a date indicated in it, and their divorce lawyer will submit the results after 21 days.
How can themental health issues affect the custody, alimony and property distribution?
The court will depend it on the interest of the child, both attitude of the parents and the stability of their character. If a severe mental problem or any substance abuse is proven on the examination, the children will lack on their physical, emotional, or even financial needs. In Nebraska, parenting plans in required as a part of the custody case. The plan should indicate the fair distribution of time a child spends on the both parties. About the process of alimony and property distribution, consulting a family law attorney is recommended. Especially if you live in the State of Nebraska, that is very strict about family matters in a divorce.