The COVID-19 pandemic has been a cause of stress for the entire world. Now more than ever, people are having mental health crises, making it worse for those who already suffer from a mental health issue. The pandemic has put an enormous amount of pressure on everyone from working and schooling at home to job loss to isolation and social distancing.
You may have been in a difficult marriage prior to the lockdown but were able to manage by keeping yourself busy. Now you find yourself questioning if you need to hire a divorce attorney in NYC.
A New York divorce attorney can guide you through the process of mediation at first but if there is a suspected mental illness in either party you will be referred to a mental health professional.
Is Mental Illness Grounds For Divorce?
If you want the short answer from a New York divorce attorney it would be that mental illness and addiction are not grounds for divorce in New York. A divorce attorney in NYC can seek a no-fault or a fault-based divorce on your behalf. In neither, for instance, will mental illness be cited.
During a fault-based divorce, things that can be cited include adultery, abandonment, and inhumane treatment. A mental illness may not be cited legally for a divorce but it can be a contributing factor in the reason that a couple seeks a divorce according to a New York divorce attorney.
Mental Illness And Annulment
According to a divorce attorney in NYC, there are only two instances where a mental illness comes into consideration for an annulment. The first is if the mental illness of the spouse garnered them unable to consent to the marriage in the first place. The second is when the spouse has had an incurable mental illness for a period of five years or more. With the second example, three physicians must agree that the spouse is incurably mentally ill. At this point, an annulment can be granted.
COVID-19 And Bipolar Disorder
There may have been nuances that your partner has always had but you never thought much of. During lockdowns and social distancing, these small nuances came to the forefront. It is possible that you have been living with someone who has a mental illness and neither of you had been aware. A divorce attorney in NYC may look for the following signs that Bipolar disorder is the cause of contention in the marriage:
- Exaggerated self-confidence
- Moving from one idea to the next quickly also known as super mania
- Rapid and loud speech
- Increased energy with decreased need for sleep
- Living beyond one’s means
- Inability to maintain a schedule which can often result in job loss after job loss
This is by no means a way to diagnose your partner but can be used as a guide to seek additional help. A divorce attorney in NYC may recommend mental health counseling if they do see these signs cited as the cause for a divorce.
Contact Brian D. Perskin & Associates P.C. Today
With our expertise, we feel more than confident that we can help navigate you through the complexities of your divorce.