There will be many factors in your decision to divorce your spouse, and any mental health issues they might be facing could influence your decision. But how does this affect your divorce?

Your Spouse's Mental Health

The reasons for seeking a divorce don't typically impact the divorce itself. Divorce in Australia is categorised as no-fault, and all that needs to be proven is that your relationship has irreparably broken down, with no hope of reconciliation, and that you have been separated for 12 months prior to filing for divorce. 

Someone shouldn't be penalised for their mental health, and this doesn't necessarily prevent them from being a good parent. And yet, if you suspect that your spouse's mental health means that they are unable to provide a safe and stable environment for your children, then this can influence custody arrangements, which will be formalised in a parenting order.

Mediation

The terms of the divorce are usually decided in mediation and generally only argued in court when the divorce is particularly acrimonious and the necessary decisions cannot be made in mediation. One of the major decisions is who gets custody of the children, whether this is primary or sole custody, and your spouse's mental health issues can impact matters of custody.

Parenting Orders

The parenting order will stipulate who has primary or sole custody (when equally-shared custody might not be a valid choice), although your children cannot be denied a relationship with their other parent. When there are legitimate concerns about the wellbeing of your children when they're in the care of your former spouse, visitation can be strictly controlled, and can even be supervised.

Potential Disputes

If you believe that your partner will dispute your reasoning for limiting their access to their children, you might wish to use the services of a family lawyer to state your case, as you are free to do during the mediation process. The parenting order can even be reassessed at a later stage, and this is relevant if your spouse's condition changes. This depends on the nature of their mental illness, and the effectiveness of any treatment they might be receiving.

Your spouse's mental health issues won't play a role in the actual divorce but can play a role in subsequent decisions about your children. Learn more about getting a divorce by contacting a local family lawyer. Your spouse should also seek legal guidance during this process. 

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