Family Law/ divorce

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danigrl2885

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Hello I am currently separated from my husband and working toward getting a divorce. He has been diagnosed with a mental disability. He suffers from bipolar and schizophrenia and is suppose to be on medications but has not been taking them since September 2013. He has been admitted into a crisis center twice. The reason behind my decision on divorce is due to his habitual cruelness. He is mentally and emotionally abusive and very controlling. We have two children together ages 6 and 1. Im currently unemployed and don't know what I should do as far as filing for divorce. I contacted legal aid in my area but due to the fact that he is refusing to sign divorce papers they won't take my case. What can i do in order to get this process started?
 
File yourself. Did you forget about in sickness and in health...as long as you both shall live? If I sound rude, it is a bit intentional. Though I provided for my family well for several years, I frequently yelled and was alleged to be cruel. Now I am almost totally disabled and unable to work and that role has also fallen to my spouse. We have made well over a decade this way. You could not handle a few months?
 
If you need help in getting the process started, you can talk to a lawyer or two - some lawyers will give an initial consultation for free.
 
Here you go, OP, lots of information on the 'net.

Have you considered doing nothing?

Or, have you considered investigating a legal separation?

You DON'T NEED TO answer here, just a few things you MIGHT be asked about down the road.

You might want to do some additional hard thinking.

You should seek an at fault divorce, as your situation is one of the legal exceptions in MS.

A person whose spouse has been confined to a mental hospital or facility can petition for divorce.

Laws typically require some amount of time to pass before the divorce petition can be filed.

Additionally, the mentally ill spouse must be diagnosed with a condition from which there is little chance of improvement.



Mental illness alone is not a basis for divorce. Your spouse must have a prolonged confinement in a mental hospital in order for you to get a divorce under these grounds.

Incurable Insanity - A spouse may obtain a divorce from a spouse that has been committed or confined to an institution for treatment of a mental illness for at least three years.

The above grounds may be alleged individually or in combination depending on the facts of the case. However due to Mississippi's public interest in preserving marriage, Mississippi divorce courts have an ongoing duty to fully inquire into the facts and circumstances of the facts of each case before permitting divorce. As a result, divorces in Mississippi require proof of grounds (though corroborating evidence), prohibit default judgments on the pleadings, and require that the innocent party be the spouse seeking the divorce.

Insanity at time of marriage - a divorce based on insanity or idiocy is available to the sane spouse if the condition existed at the time of the marriage and the plaintiff has no premarital knowledge of the spouse's condition. The divorce should be sought within a reasonable time or otherwise the sane spouse may be deemed to have accepted the illness.

HINT: Where your spouse's mental illness is not a basis for divorce, other grounds, such as incompatibility, could be alleged.



You might want to discuss HIS condition and DIAGNOSIS with your physician so you UNDERSTAND if his diagnosis qualifies.

Get ready to do lots of work, as no one is going to do this FREE for you, because it doesn't matter to them

It matters to you.

Plus, this is lots of work, and has costs associated with it.

In other words, it is easy, but not simple.



HINT:An attorney ad litem must be appointed by the court to represent the mentally ill spouse in a divorce proceeding.


Get to Googling:

http://info.legalzoom.com/can-divorce-mentally-unstable-24795.html

http://www.hg.org/divorce-law-mississippi.html


http://www.danksmillercory.com/Family-Law/At-Fault-Divorce-Grounds.shtml

http://mcninchlaw.com/divorce-center/

http://mcninchlaw.com/divorce-center/
 
I have dealt with this for over 7 years. And im sure you nor your wife have had to suffer with black eyes and threats to your life. I know my situation and it was not healthy that's why i left him. Not only is that life unhealthy for me but its not healthy for our kids either. I know i can file myself. I was just looking for more advice.
 
What exactly would you like us to help you with?

Is this about custody/visitation?

help us help you. And please don't be rude to the posters :)
 
I am trying to find out what all i need to do inorder to file for divorce. What steps do i need to take if i do this myself. And with all do respect i have not been rude toward any of the people that have posted although one in particular wanted to be rude and criticize me for my decision on divorce and i was just explaining my situation a little further. Poster disagreeable is the one being rude toward me for my reason for divorce.
 
Oh good Lord. Let's move along.

Okay - you are wanting help to file for divorce pro se (yourself). AJ provided some great links for you to read.

Are you intending to file "no fault", or fault? Do you have custody concerns?
 
It will be a fault divorce due to his habitual cruelness along with other reasons. He has refused to sign any divorce papers. Can i get papers from his doctor stating his condition? If so will that help my case better? I will also be going after full custody of our two children who do currently reside with me at my parents home. I have looked into the causes for fault divorce and had been doing some research. I have been advised to do it myself and had others tell me i would be better off just going ahead and hiring an attorney but not everybody can always afford one. Im at a point right now to where i don't know what to do and very confused on how to go about filing for divorce and custody myself
 
You won't be able to get his medical records without the aid of an attorney.

You can request a psych exam, but you'll generally be the one paying for it and you'll also be examined. You might find that asking for a GAL (guardian ad litem) to be appointed will help you a great deal.

You'll probably retain custody, but Dad will be allowed ample visitation.
 
In MS, as revealed in the links I provided, having a mental illness isn't the same as being CONFINED or COMMITTED to a mental health facility. If hubby simply has mental health issues, forget about going the mental illness route, as he must have been committed to a facility for three years. Read the requirements carefully, OP. they're very specific.
 
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And further, mental illness resulting in confinement does not equate to Dad having no visitation.

He will get visitation. It might be supervised, but he will get it if he wants.

I honestly cannot recommend you do this alone. If you wanted a no fault and he agreed, fine - you can do it yourselves. But since he is not in agreement and you want a "fault" divorce, you really do need an attorney involved.

This is your state's opinion: http://www.msbar.org/for-the-public...e-the-grounds-for-divorce-in-mississippi.aspx

Another one for you: http://msbar.org/for-the-public/pro-bono-resources.aspx

Here's another source of info: http://www.judybarnettpa.com/FAQs_Divorce_III.pdf

And this: http://www.divorcelawinfo.com/states/miss/mississippi.htm

Honestly Mom, if you try to do this alone you really need to get studying.

You need to know the marriage and divorce statutes, the local rules, the rules of civil procedure, the whole lot. Once you've found out which circuit applies to you, there are local rules here: http://courts.ms.gov/rules/localcircuitrules.html

I truly don't mean to overwhelm you with all of the links we've provided but the bottom line is that if you go ahead without an attorney, you really do have to start reading.

Do you have any further questions?
 
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