Can a mentally incompetent person file for divorce?
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Can a mentally incompetent person file for divorce?
As noted in Section II, the general rule is that incompetent spouses may not file divorce actions. In most states, however, an incompetent party may file an action to annul a marriage. First, in most states, a party may not file for divorce on the grounds that he or she is mentally incompetent.
Can you divorce someone with a mental illness?
You or your spouse can’t avoid a divorce by pleading insanity. Nevertheless, a spouse’s severe mental health issues may entitle that spouse to additional protections under the law, particularly if that spouse is housed in a mental health facility.
Can you divorce your wife if she is mentally ill?
In relation to a divorce application only, a mental health condition is not strictly relevant. If the person you are married to has a mental illness, this does not need to be shown to the court in order for a divorce to proceed.
Can you lose custody of your child due to depression?
In the absence of clear evidence that the parent’s ability to effectively parent their children has been adversely impacted by the disease, a diagnosis of depression should have no impact on decisions regarding custody and access.
