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Mental Health And Divorce

The state of North Carolina handles divorce proceedings in a manner that is different from that found in many other states. For a party to completely separate and end any legal obligations to each other, they must obtain an absolute divorce. This dissolution is different from a divorce from bed and board which has similar affects as a legal separation. The state of North Carolina recognizes mental health issues that have been persistent for a period of three years to be a justifiable reason for absolute divorce.

If you and your spouse have been separated for an extended period of time because of mental illness, you may be able to file for absolute divorce. This challenging situation can take a toll on any marriage. Contact the Raleigh absolute divorce lawyers of Marshall & Taylor PLLC, by calling 919-833-1040 to learn more about the legal options that are available to you.

Incurable Mental Illness

Mental health concerns can be taxing on both parties of a marriage. These situations can require a great deal of patience, care, and expense. If a person has been diagnosed with a permanent mental condition that has persisted for at least three years, a sane spouse may petition for absolute divorce on the grounds of mental insanity. This regulation in North Carolina has the following requirements:

  • The spouses have not cohabitated in the last three years
  • One of the spouses has been diagnosed with an incurable mental illness
  • This diagnosis must have been supported for three uninterrupted years
  • The sane spouse may still be required to provide financial support

Contact Us

If you believe absolute divorce because of mental illness would be the best option for you and your spouse, please contact the Raleigh divorce lawyers of Marshall & Taylor PLLC, by calling 919-833-1040.