There are many forms of mental illness, and some of them can be disabling to the point where they affect a marriage. Some partners in Colorado might even choose to divorce their spouses in order to protect children, financial assets and other things that married couples often share. When a person suspects that their partner has a mental illness, there are several ways that this can affect divorce proceedings depending on the type and severity of the suspected mental illness.
How courts put children’s welfare first
When there are children involved, the courts have an obligation to ensure their safety and well-being first. That’s why courts often need to evaluate the parent who might have a mental illness. Appointing a guardian ad litum, which is a court-appointed person who has the responsibility to monitor and assess the parents and act in the best interest of the children, is another way to ensure that the children’s needs are given a priority. When substance abuse is part of the mental illness, the courts will want to ensure that the child isn’t left with the intoxicated parent. Plus, the parent might be subject to random drug screenings.
How the system protects financial assets
Some people with certain types of mental illnesses are prone to spending irresponsibly or making poor financial decisions. When there are divorce proceedings, one of the responsibilities of the court is to ensure that financial assets are protected. For instance, certain financial accounts might be frozen; there might be a person appointed to make payments, such as the house mortgage or rent, on behalf of the couple going through the divorce. Each person might be given a stipend as a way to pay for day-to-day necessities, such as food, clothing and other materials that they might need on a regular basis.
Unfortunately, health complications sometimes play a role in ending a marriage. Anyone who is interested in a divorce because they believe that their spouse is mentally ill and endangering their children or risking financial assets should know about the legal options before them.