MEntal illnEss in collaBorativE divorcE: a BEttEr option
Collaborative law Section
Chairs:ShannonCiesluk–CBIZ,LMHMandJessicaFelix–Felix,Felix&Baseman,LLC
Mental illness in a
marriage increases
the risk of divorce
A
ccording to a 2011
multi-national study,
the existence of mental
illness in a marriage
increases the risk of divorce by
12 percent, with major depression,
specific phobias, alcohol abuse
and PTSD identified as being the
largest contributors to the increased
divorce rate. 1
I have always believed that the
family law courts are ill-equipped
to address mental illness, especially
when the divorcing family has
children. Judges, very simply, are
not mental health experts. Even
when mental health experts are
brought into the proceedings —
whether as guardians ad litem,
social investigators, timesharing
26
by 12 percent.
evaluators, substance abuse
evaluators or treatment providers
— they are usually not called to
offer treatment recommendations
for the party suffering from mental
illness. Instead, they are asked to
offer opinions on the harm the
mental illness may cause and the
best way to protect the children
from the struggling parent. At the
same time, competing experts may
be called to present evidence that
the mental illness is not a problem,
even when it is.
This approach fails to address
the core problem, and in very few
instances do the children or the
other spouse completely escape
exposure to the untreated mental
illness. The effects of the mental
illness continue long after the
divorce case concludes.
Collaborative divorce, with its
focus on problem solving, provides
options to families affected by
mental illness. The collaborative
process allows for flexible approaches
and solutions tailored to give these
families hope for a future filled with
less chaos, anger and struggle. If
both parties are committed to the
process and the suffering party can
acknowledge needing assistance,
then the team can develop a plan
that addresses the family’s unique
concerns to everyone’s benefit.
continued on page 27
NOV - DEC 2019
|
HCBA LAWYER