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Strategic Approach, Optimistic Outcomes In Family Law

When mental health is a concern in a Washington divorce

On Behalf of | Jan 2, 2025 | Washington, Washington Divorce

Each couple preparing for divorce in Washington has unique circumstances. Every household is different, and every family has specific issues to address. Some people eventually decide to divorce because of a spouse’s mental health challenges.

Perhaps a loved one’s career caused post-traumatic stress disorder (PTSD), and they have become volatile and unstable. Perhaps untreated depression has led to one spouse making self-destructive choices that affect the other spouse as well. Maybe one spouse has an untreated or undiagnosed personality disorder. Their behavior can be frustrating or downright dangerous.

Those preparing to divorce because of mental health concerns often have unique issues to address. They may need to prepare more carefully than other spouses preparing for divorce. What steps should people take when mental health concerns are the underlying cause of a divorce?

Secure documentation early

Those contemplating divorce because of mental health issues may need to document the behaviors and patterns that concern them. Particularly in cases where spouses have avoided mental health diagnosis and treatment, personal records can help affirm unhealthy or destructive habits.

Additionally, gathering household records, including financial and medical records, is an important step to take before discussing divorce. Volatile individuals might destroy, hide or alter key records. They may hope to achieve a more favorable outcome or prevent divorce entirely.

Contemplate the need for protection

Individuals with personality disorders or other major mental health challenges often see an increase in symptom severity during times of extreme stress. Divorce can potentially worsen mental health challenges. An individual can become aggressive and even violent.

Spouses sometimes need a protection order or another type of restraining order as a means of preventing stalking or interpersonal violence. They may need to ask the courts to protect financial resources as well. A spouse struggling with mental health issues may waste or destroy assets in the early stages of divorce.

Consider what is best for the children

Divorces involving mental health issues can be particularly stressful when there are minor children. Unstable parents can do real psychological harm to their children. They can also potentially neglect or abuse their children because of their conditions.

Parents hoping to protect their children by divorcing a volatile spouse may need to ask the courts for support. They may seek to limit the parenting time of the other parent because of their condition. Generally speaking, documentation plays a major role in custody cases where one parent seeks to limit the access and rights of the other.

Initiating a Washington divorce because of a spouse’s mental health challenges can be a difficult decision. Those with the right strategy and plan may minimize the turmoil often involved in a complex divorce.

 

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