Wednesday, January 1, 2014

Mental Health

I seem to have a lot of cases in the past few months where the opposing party has mental health issues.  By mental health issues, I am not referring to the normal divorce stress but diagnosed mental impairments that makes it hard to distinguish right and wrong.  This brings up an interesting issue. Insanity is a ground for divorce.  If the person truly cannot distinguish right and wrong it may be the only ground for divorce as most of the other grounds, in my opinion, require intent (i.e. adultery, habitual cruel and inhuman treatment, etc.).  The only other option is if the court appoints a conservator for the person who would, with court approval, agree to irreconcilable differences. 

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