Can I divorce my husband if he is mentally ill?
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Can I divorce my husband if he is mentally ill?
In California, a spouse seeking a divorce doesn’t have to prove that the other spouse caused the divorce; this is called “no-fault divorce.” However, in specific circumstances, a spouse can seek a divorce based on the other spouse’s mental illness. California courts can dissolve a marriage on the grounds that a spouse …
How does mental illness affect divorce?
Mental illness can shape the divorce Instead of filing on the “no fault” grounds of irreconcilable differences, a severely mentally distressed person’s spouse might seek a divorce based in fault, meaning the mental illness created unlivable or unsafe circumstances.
Can a parent lose custody for mental illness?
In all child custody cases, the court is required to determine whether both parents are capable of caring for the child. This evaluation comprises financial, emotional, and physical considerations. Factors such as mental illness can cause the court to label a parent unequipped and result in lost custody privileges.
How long does a contested divorce take in Indiana?
60 days
How long does alimony last in Indiana?
If the court believes that you meet the requirements for rehabilitative maintenance, the judge can order support payments for up to three years. (Ind. Code Ann. § 31-15-7-2 (3) (2018).)
When does the wife get alimony?
Not every former spouse receives alimony, which is also called spousal support or maintenance. Alimony will be awarded only when a former spouse is unable to meet their needs without financial assistance from a spouse who can afford to pay it.
How long does an ex husband have to pay alimony?
Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years.
Does alimony change if income changes?
The most common answer to the question asked above is no; an increase in your income does not mean that you will have to pay more in alimony. The amount set for spousal support is a flat amount that the court determined would enable your ex to continue living comfortably without living in your household any longer.
What can I do if my ex stops paying alimony?
You should hire an attorney to assist you with the process and get the ball rolling by filing a motion with the court, asking the judge to order your former spouse to pay all overdue payments and ensure no future payments are missed. In legal terms, this is known as a motion for contempt or enforcement.
What is the difference between temporary and permanent spousal support?
The basic differences are that temporary spousal support is ordered during a pending divorce and is often calculated by a guideline calculator, much like child support. On the other hand, permanent spousal support is awarded after a court has ordered the dissolution of a marriage.
How do you secure alimony payments?
Payer Spouse’s Potential Sources of Alimony Security
- Buying or maintaining a life insurance policy to secure the alimony award;
- Using suitable assets by attaching a lien on some of the payer spouse’s assets (however, the lien must be tailored exclusively to the alimony obligation);