Category: Divorce
5.22.25
Category: Divorce
Written by Jessica Mansbacher Kibbe on 5.7.25
Divorcing is rarely straightforward, but when one spouse suffers from mental illness, the legal, emotional, and practical complexities of divorce multiply significantly. The Illinois Marriage and Dissolution of Marriage Act (IMDMA) provides the guardrails for divorce in this state, and it seeks to balance individual rights, parental responsibilities, and the welfare of any children involved. An experienced family law attorney can help you navigate the key challenges and legal mechanisms available in Illinois to manage divorce proceedings involving a mentally ill spouse.
You can divorce any spouse in Illinois, regardless of their mental state. Illinois is a no-fault divorce state. Per Section 401 of the IMDMA, the only grounds one needs for dissolution is irreconcilable differences causing the irretrievable breakdown of the marriage.
That said, mental illness may still play a significant role in divorce proceedings. It mainly comes into play when parties share children and need to allocate parental responsibilities. If one party believes that the other party’s mental illness poses a risk to the children, the law provides avenues for the Court to take those concerns into consideration.
Illinois Supreme Court Rule 215 allows the Court to appoint a professional to examine a party and assess their physical and/or mental condition.
In any action in which the physical or mental condition of a party . . . is in controversy, the court, upon notice and on motion made within a reasonable time before the trial, may order such party to submit to a physical or mental examination by a licensed professional in a discipline related to the physical or mental condition which is involved.
Ill. Sup. Ct. R. 215
Such evaluations may be pivotal when the court must determine whether a spouse can fulfill parental responsibilities, maintain employment, or consent to legal proceedings. The examining physician or mental health professional must provide a report, which can be submitted as evidence to the Court. The party who requests that a 215 evaluation be conducted on the other party will ultimately be responsible for the associated costs.
The Court will not order a 215 evaluation merely because a party requests it. The moving party must demonstrate that there is good cause for the exam and that the party’s mental or physical condition is directly relevant to the issues before the court, such as concerns over the safety of children during a party’s parenting time. Courts may not take a kind view of those who seek to have their spouses evaluated without good cause.
When minor children are involved in a divorce case, courts may order a psychological evaluation of both parents under Section 604.10(b) of the IMDMA to assess parenting fitness and determine the best interests of the child. This process often includes interviews, psychological testing, and home visits with both the parents and the children.
604.10(b) evaluations are often critical in high-conflict or complex disputes over the allocation of parental responsibilities. A parent’s mental illness does not automatically disqualify them from having parental responsibilities or parenting time, but a thorough evaluation of the family helps ensure that the child’s well-being is not jeopardized by any subsequent parenting plan.
If a 604.10(b) evaluation indicates that a parent is unfit for parenting time or making decisions for the child, then their parenting time may have to be supervised or restricted altogether. A 604.10(b) evaluation should provide the Court with insight as to what parenting arrangement would be in the best interests of the children involved.
In cases involving abusive behavior, emotional instability, or threats of harm, the Illinois Domestic Violence Act (750 ILCS 60/101 et seq.) allows a party to seek an Order of Protection (OP) against their abuser. Mental illness, particularly when untreated or accompanied by delusional thinking, can sometimes lead to erratic or threatening behavior. If you have been abused by a mentally ill spouse, contact a family law attorney right away for guidance in obtaining an order of protection.
An OP can provide for:
Although courts do not issue OPs solely because of a mental illness diagnosis, documented behaviors that suggest a risk of harm—regardless of the underlying cause—are taken seriously.
In extreme cases, your mentally ill spouse may be subject to involuntary commitment if a Judge deems that they pose a danger to themselves or others and are unwilling or unable to seek treatment voluntarily.
Involuntary commitment can temporarily suspend a party’s participation in court proceedings. More critically, it may lead to restrictions or loss of parenting rights if the court finds that the condition endangers the child.
Mental illness can affect a party’s ability to work and manage their finances. This has implications for:
Illinois courts must consider each party’s financial needs, earning capacity, and ability to become self-supporting when assessing the terms of a marital settlement agreement or judgment of dissolution. If the mentally ill spouse is unable to work due to their condition, the court may award them a higher share of assets or longer-term maintenance.
Divorcing a spouse with mental illness in Illinois involves a complex interplay of legal, emotional, and practical factors. While these matters can get messy quickly, the IMDMA provides avenues to the answers the parties need in order to reach resolution.
Key tools such as Rule 215 evaluations, Section 604.10(b) custody evaluations, and Orders of Protection allow the court to protect vulnerable parties and reach equitable resolutions in the division of marital estates and the allocation of parental responsibilities.
Ultimately, successful navigation of such cases depends on thorough preparation, sensitivity to mental health dynamics, and a deep understanding of Illinois law. The attorneys at O. Long Law, LLC, have experience with complicated family law cases. We are standing by, ready to help you. Just give us a call or submit our online form to get started.