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Schaumburg Attorney for Divorces Involving Psychological Issues

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Lawyers with Experience Handling Mental Health and Addiction Cases

If you are going through a divorce, it is important to have an experienced family law attorney on your side. This is especially true if either you or your spouse suffer from a mental illness or if one of you has struggled with substance abuse. In these situations, concerns about the safety of you or your children may arise, or you may need to determine how to respond to unreasonable behavior as you work to resolve the disputes that you may encounter.

At A. Traub & Associates, our lawyers will give you the individualized attention your divorce case deserves. We can help you address the issues that might be impacting your divorce, such as psychological problems or addictions. We will help you take the necessary steps to protect your safety and ensure that you will be able to end your marriage and move forward successfully.

Addressing Mental Health and Substance Abuse Issues During Your Divorce

Although many married couples cite serious concerns like mental illness or addictions as reasons for why their relationships have failed, you will not need to prove that these issues exist in order to get divorced. The state of Illinois only requires a person to state that they and their spouse have "irreconcilable differences" when submitting a petition to dissolve their marriage.

During the divorce process, diagnosed or undiagnosed mental health conditions may need to be addressed, such as bipolar disorder, narcissism, or depression. Addictions to drugs or alcohol may also be a factor in certain types of decisions. Some ways that these issues may affect your divorce include:

  • Safety issues - If you are concerned about the possibility of domestic violence due to your spouse's addiction or mental health concerns, you may request an order of protection that will help keep you or your children safe from potential harm. If you are worried that your children may be at risk of physical injuries or emotional trauma due to your spouse's actions, you may ask for restrictions, such as supervised parenting time, to be put into place going forward. If necessary, you may request an evaluation of your spouse's psychological health, or you may ask a judge to appoint a guardian ad litem to investigate the case and offer recommendations about matters related to child custody.
  • Property division - Illinois law states that each spouse should receive a fair and equitable share of all marital property. However, if your spouse has an addiction that has led them to spend money irresponsibly (such as on drugs or gambling), they may be required by the court to reimburse you for the dissipation of marital assets.
  • Spousal support - This form of support may be appropriate if one spouse earns most of a family's income or if a person relies on their partner to provide for their needs. If your spouse may be unable to earn sufficient income because of mental health issues, they may request that you pay spousal maintenance to them following your divorce. With the help of an attorney, you can ensure that appropriate support arrangements are put in place that will protect your financial interests and allow you to provide for your own needs.
  • Child support - After your divorce, both you and your spouse will be responsible for financially supporting your children. However, if your spouse has been diagnosed with a mental illness, they may claim that the amount of child support they pay should be reduced because the amount of income they can earn has decreased. To make sure your children will receive the necessary support, you may ask the court to consider your spouse's "imputed" income, or the income they should be able to earn based on their education, experience, and health status.

Contact a Schaumburg Complex Divorce Attorney

If your former spouse is dealing with psychological concerns or has struggled with addiction, this can make your divorce more complicated. It is crucial to make sure these problems are taken care of and that everyone will be safe from harm. A. Traub & Associates can help you figure out the best way to handle these matters, and we will advise you on the best ways to protect your rights during your case. To talk to a lawyer about your concerns and get the legal help you need, please call us at 630-426-0196 or contact us online.

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