You once trusted your spouse to support you, “for better or for worse.” You may have confided in each other through ups and downs, and discussed challenges that impacted your mental health. Now that you are ending the marriage, what if they try to use those challenges – and a diagnosis of a mental health condition – against you in a divorce, or even a child custody case?
This can feel like a massive betrayal. Moreover, it is only natural to worry about what could come from their claims.
When could mental health become a factor in a divorce?
In certain cases, a person’s mental health can impact the potential outcome of their divorce. The most common scenarios include if a mental health condition were to:
- Seriously affect one’s daily life or ability
- Put their safety or the safety of others at risk, particularly if it impacts the best interests of their children
It is important to emphasize that these are extreme cases. Essentially, if a mental health condition has a profound impact on your life, then there is a higher chance it could have an impact on your divorce or a child custody case.
However, what if extremes do not factor into your circumstances? For example, say you were diagnosed with depression, but you obtain the treatment you need and manage it effectively. Your ex-spouse could bring up the diagnosis in your North Carolina divorce proceedings, but it might not have the impact they intend. You may have to discuss your diagnosis, but the mere existence of that condition may not give your ex-spouse the “advantage” for which they were looking, especially if you manage your mental health well.
Even so, you should take this seriously.
What can you do in this situation?
You know your condition best, but you can still take steps to protect yourself if you worry about your spouse making unfounded claims about your mental health. It will help to:
- Keep a written record of any past or present communication with your ex-spouse regarding mental health, including dates and times
- Collect statements from medical professionals, including your primary physician and therapist, about your condition and treatment
- Seek legal guidance to fully understand and secure your property and parental rights
- Take extra care of yourself amid the stress of your divorce
The stigma surrounding mental health matters decreases day by day, but the impact – and weaponization – of these conditions is still very real. It pays to prepare, so you can protect yourself and the future that lies ahead of you.