Can Mental Health Issues Affect Your Divorce?


If you suffer from depression, anxiety, or another mental health disability, you may be concerned that your spouse will try to use your condition against you during your contested divorce in Pasadena. Mental health issues are not normally an issue in the division of property and marital assets, but can play a large role in child custody and visitation disputes. However, you should be aware that there are laws in place to help protect people with mental health issues from discrimination during legal proceedings.

Any mental health issues can't be held against you if you are taking steps to get the treatment you need and do not pose a danger to the safety of the children. When mental health issues are a factor in determining child custody and visitation, the judge might ask you to sign over your treatment records or participate in a new evaluation. You may not want to have your struggles put on display in a courtroom, but this is often the best way to ensure that you will be allowed to have a relationship with your children. Your doctor can testify that your condition is being managed with therapy and/or medication. Your doctor might also be able to recommend steps, such as having another family member on hand to help out during parenting time, that will let you spend time with your children while addressing concerns about how your mental health affects your ability to parent.

If your mental health disability affects your capacity to participate fully in the divorce proceedings, the judge may appoint a guardian ad litem. This person has specialized knowledge regarding mental health issues and will work with your lawyer to help make sure that your interests are being protected in court.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you are in need of assistance with your divorce case. Our skilled Pasadena family attorneys can provide the expert legal representation you need to be sure that your mental health concerns are not used against you unfairly during the court proceedings.