How to File for Divorce When Your Spouse Is Mentally Ill
Each state has its own laws governing divorce. Most states offer a no-fault divorce, which can be granted upon request without consent of the other spouse. Some states still require petitioners to justify a dissolution of marriage. Mental illness is a grounds for divorce in a few states, and if you live in one when your spouse is determined to be mentally ill, it is possible to file for divorce for this reason.
Instructions
- 1
Review state laws. The specific requirements for showing mental illness as a grounds for divorce varies by state. Georgia, for example, requires ajudication by a court of mental illness, or certification by two physicians. But in Alabama, divorce on the grounds of mental illness requires confinement in a mental hospital for five successive years and a finding that the spouse is "hopelessly and incurably insane." And some states don't single out mental illness as a grounds for divorce at all.
2Check jurisdiction. If your state recognizes mental illness as a legitimate cause for divorce, and you think your spouse meets the requirements, confirm the jurisdictional requirements for divorce in the state, and see in which county you should file. Most states have a residency requirement of at least six to twelve months, though the marriage did not have to occur in the state, and the divorce can usually be filed in the county of residence of either spouse, but the law varies by state.
3File petition and other documents. All formal divorce proceedings begin with the filing of a petition for divorce by one spouse. In the petition you identify mental illness as the grounds for the divorce. Other documents usually necessary with a divorce petition are financial statements concerning the income and debts of the marriage, and a summons to a court hearing on the petition.
4Serve process. The court will take no action until the divorce papers are properly served on the respondent spouse. In the case of serious mental illness and institutionalization, however, service will have to be effectuated on the physician, legal custodian, attorney in fact, or other empowered agent of the spouse.
5Prove grounds. If the spouse does not contest the divorce, it might not be necessary to prove your claim of mental illness. If they do, however, you will have to provide the court with evidence that your spouse meets the requirements of mental illness as a grounds for divorce in the laws of your state. This evidence can typically be documentary or testimonial.
Chennai Divorce Lawyer, Advocate & Information of How to Get ...
chennaidivorcelawyers.inDivorce lawyer information ... Chennai Divorce Lawyer. Below are some other dos and donts that seem like common sense but often during a divorce common sense ...
How to Divorce an Unwilling Spouse eHow
www.ehow.com Legal Family Law Divorce LawA divorce can be easier to obtain if both spouses agree that it is the best option. However, you can divorce your spouse even if he does not want to be divorced.
Divorce and Marriage Law Questions including "What should you
wiki.answers.com Categories Law & Legal IssuesDivorce and Marriage Law Questions including "What should you do if your civil partner wants to annul your civil partnership and you do not" and "Did Bernard Madoff ...
How to File For Divorce in Florida - EzineArticles Submission ...
ezinearticles.com Relationships DivorceDec 30, 2009 Filing for divorce in the state of Florida can be done without the aid of an attorney. The process is simple and straight forward, if you know which court ...
How to Divorce Your Abusive Husband: 6 Steps (with Pictures)
www.wikihow.com Relationship Issues Domestic ViolenceHow to Divorce Your Abusive Husband. The mental part of abuse is insidious. If your husband is abusive, you don't have to have his permission to get divorced. What ...
How long after you divorce your narcissistic spouse will take for ...
wiki.answers.com Categories Health Mental HealthAnswer I'm answering this question as the child of a narcissist, not the (former) spouse of a narcissist, but I think - I hope - my answer will be helpful anyway. You ...
Divorce Source: MENTALLY INCOMPETENT SPOUSES AS PARTIES TO DIVORCE ...
www.divorcesource.com/research/dl/incompetent/97mar52.shtmlAs indicated by the enactment of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., society has begun to recognize that reasonable accommodations should be ...
Tax Topics - Topic 301 When, Where, and How to File
www.irs.gov/taxtopics/tc301.htmlTopic 301 - When, Where, and How to File. April 15 of each year is the due date for filing your federal individual income tax return if your tax year ends December ...
I think my husband is bipolar and he wants a divorce. How do I
www.healthcentral.com/bipolar/c/question/12582/27026My husband is textbook bipolar symptoms: depression, suicidal thoughts, spending thousands of dollars on toys and electronics when we don't have money to pay th...
How to File for Divorce When Your Spouse Is Mentally Ill eHow
www.ehow.com Legal Family Law Divorce LawEach state has its own laws governing divorce. Most states offer a no-fault divorce, which can be granted upon request without consent of the other spouse. Some ...
0 komentar
Posting Komentar