Mental Examinations In An Illinois Divorce

As a divorce attorney, I have been told many times by potential clients that “my spouse is crazy.” Are all these spouses really mentally ill? We can always find out if a spouse has mental health issues using Illinois law. “Information is obtainable as provided in these rules through any of the following discovery methods: …physical and mental examination of persons.” Ill. Sup. Ct. R. 201(a) A motion can be filed for a mental examination of a party to a divorce under Illinois Supreme Court Rule 215. “In any action in which the physical or mental condition of a party or of a person in the party’s custody or legal control is in controversy, the court, upon notice and on motion made within a reasonable time before the trial, may order such party to submit to a physical or mental examination by a licensed professional in a discipline related to the physical or mental condition which is involved.” Ill. Sup. Ct. R. 215 The point of a 215 examination is to discover what is true. “The purpose of…rule [215] is to allow discovery that will assist the trier of fact in reaching its determination.” In re Estate of Silverman, 628 NE 2d 763 – Ill: Appellate Court, 1st Dist., 2nd Div. 1993 “Rule 215 is a rule of discovery, the purpose of which is to permit the discovery of facts which will assist the trier of fact to reach a correct determination of the issues before it. This rule does not permit unlimited and indiscriminate mental and physical examinations of persons but by its terms gives a trial court discretion to order such examinations only when certain requirements are met. The person sought to be examined must be a party (or a person in his custody or legal control), the physical or mental condition of that person must be in controversy, and good cause must be shown for the examination. Then, and only then, is discovery of that person’s physical or mental condition authorized by this rule… Rule 215 contemplates that the trial court in its discretion may order the physical or mental examination under appropriate conditions when all requirements of the rule have been met, irrespective of who has raised the issue of the person’s physical or mental condition.” In re Conservatorship of Stevenson, 256 NE 2d 766 – Ill: Supreme Court 1970 Once discovered, that information can be […]

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