Divorcing Someone with Mental Illness
With the Kim and Kanye divorce making headlines, many people are thinking about the intersection of divorce and mental illness. This is a complex topic that generally falls into two categories:
- Incompetence Due to Mental Illness: This refers to situations where a person is so mentally ill that they are unable to participate in legal proceedings and require someone to act on their behalf. For example, severe mental health issues like schizophrenia can make it challenging for an individual to engage with reality in a way that’s necessary for legal processes.
- Character Disorders and Difficult Behaviors: This includes personality disorders and other mental health conditions that can make negotiations extremely challenging. Examples include borderline personality disorder, severe narcissism, manic depression, and substance abuse issues. Often, these conditions contribute to the marital problems that lead to divorce in the first place.
Interestingly, many of the mental health issues affecting individuals in divorce are also reasons for the dissolution of the marriage. As professionals—whether as lawyers, mediators, or even as spouses—there are strategies to manage these situations effectively.
One key point to remember is that attempting to change the other person’s behavior during the divorce is unlikely to succeed. If someone has a mental health issue that has made the marriage difficult, it’s unrealistic to expect them to suddenly act differently just because you’re divorcing. The behavior is likely to remain consistent or even become more challenging during the process.
Thanks for listening!