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Divorce & Mental Illness

Discussion in 'Divorce, Separation, Annulment' started by divorce2, Sep 16, 2008.

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  1. divorce2

    divorce2 Law Topic Starter New Member

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    My wife an I have been married for 4 years and, thoughout the marriage, she has exhibited extremely erratic behavior from depression to eleation to rageful, physical agression. The ups and downs have been horrible and very painful. Since our separation proceedings started, she was diagonsed as bi-polar. She does not work and has threatened to use her mental illness to force me to support her lifestyle indefinitely. With a marriage as short and as painful as ours, it is possible that I could be stuck supporting her indefinitely because of her newly diagnosed disorder? It should also be noted that she has children from prior marriage (not ours together) and is receiving child support from her first husband. What is she entitled to?
     
  2. irish223

    irish223 Moderator

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    Anything's possible.

    Some states are more likely to award spousal support than others. However, it's usually reserved for marriages longer than yours. Her disorder may be a factor if she can prove that she is unable to work because of it.

    I suggest you consult an attorney, especially if your wife retains one.
     
  3. divorce2

    divorce2 Law Topic Starter New Member

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    We are in California
     
  4. irish223

    irish223 Moderator

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    It's entirely possible that she will be awarded spousal support for some time. California guidelines allow the court to award it based on a number of factors with discretion. The rule of thumb for marriages of less than 10 years is half the length of the marriage. On the other hand, if her violence was documented (ie, you called the police) then that may factor in your favor.

    This link provides more information. You should be able to get a better idea of how likely it is that she will be awarded spousal support if you read the statute's guidelines.

    http://californiadivorce.info/legal.alimony.spousalsupportoverview.htm
     
  5. DadUnderAttack

    DadUnderAttack New Member

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    Hi there,

    I am in a similiar situation. How did this situation get resolved if you don't mind my asking? Thank you for the reply. I pasted my new posting below to give the situation a context. Thanks again.

    Here's my situation:

    HELP...

    My wife who was hospitalized and treated for schitzophrenia and bipolarity just before the conception of our child is now falsely accusing me of physically abusing our 2 year old son. While completely baseless, her allegations have put me under a TRO and gives me zero custody for nearly a month. I have had 50% since the Legal Separation was filed. I am terribly afraid of what can happen to my son in the mean time out of my care. Wife just totaled our car and has had multiple tickets and two accidents since leaving me. She is not clear headed and has allowed our son to wander into the street unattended on multiple occasions. I've presented past history of mental illness to judge and she seems unwilling to get wife evaluated unless I can come up with a $15,000 psych evaluation fee, which I can't do.

    Now CPS is involved and I am hoping this will be a good thing. I am hoping I can lay out enough of a case about her mental stability that they will do a psych eval on both of us to determine best custody situation.

    QUESTIONS:
    1.) Is there anyone out there who has also been through something like this that can share their experience?
    2.) Can anyone give advice on how to get full custody IMMEDIATELY even though she has just gotten TRO signed by the judge allowing for NO custody until the trial date?
    3.) Can anyone cite California code that allows me to require court to get a psych evaluation for my wife even if I don't have the means to pay for it?

    Thank you anyone who can help. You are a blessing.
     
  6. jharris352

    jharris352 New Member

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    Dad under attack, please start your own thread and we will help you too.
     

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