Mental Illness And Divorce in Illinois

The family law and divorce system in Illinois was written and promulgated imagining reasonable, rational parties unwinding their lives in a logical manner. We all get emotional during a breakup and the family law system is set up to be slow but fair. This way our emotions don’t get the better of us. But, there is a big difference between being emotional and being mentally ill.  When someone is mentally ill and they are getting divorced, the other spouse should be aware of the precautionary measures that Illinois divorce law makes available. So, what do you need to know about mental illness and divorce in Illinois? Is Mental Illness Or “Acting Crazy” A Reason To Get A Divorce In Illinois? Clients always tell me about their unstable spouse while using words like “crazy” and “sick”. These stories of a spouse’s mentally erratic behavior can affect ancillary issues such as child custody, capacity to earn income and other final items in the divorce judgment. But, a spouse’s mental illness, in itself is not a cause for divorce. Illinois has only one cause for divorce, irreconcilable differences. So, you don’t need to identify your spouse’s exact personality disorder. An Illinois divorce court will believe you don’t get along anymore. After all, you filed for divorce. That’s proof enough in itself. Protecting Yourself From A Mentally Ill Spouse During An Illinois Divorce If your spouse has hurt you, you need to file a motion for a petition for an order of protection. If your spouse’s behavior is so erratic that you believe they could be violent and hurt you, you should file a petition for an order of protection. “A petition for an order of protection shall be in writing and verified or accompanied by affidavit and shall allege that petitioner has been abused by respondent, who is a family or household member.” 750 ILCS 60/203(a) “Abuse” sounds pretty broad and the Illinois statute defines it really broadly. “Abuse” means physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation” 750 ILCS 60/103(1) Realistically, a mentally ill person’s behavior could fall into one of these descriptions several times a day. The history of mental illness and those abusive effects can also be presented to the court. “the nature, frequency, severity, pattern and consequences of the respondent’s past abuse, neglect or exploitation of the petitioner or any family or household […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/mental-illness-and-divorce-in-illinois/