Can you divorce your spouse if they have mental illness?
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Can you divorce your spouse if they have 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 an 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 sue a spouse for abandonment?
Abandoning and failing to provide care for a dependent ailing spouse or minor children is considered criminal spousal abandonment. A spouse will not be forced to remain in such a situation, However, these claims must be proven in a court. And the abandoning spouse remains responsible for both child and spousal support.
