Amidst the organized chaos of a family law case, it can be all too easy to overlook how mental health and family law proceedings intersect. Not only can any pre-existing psychological complications impact how you approach your family law case, but the proceedings themselves can also take their own toll on your mental well-being. Learn about the various ways mental health and family law intersect and how you can anticipate dealing with the effects.
What Happens if Someone Experiences Mental Health Issues During Proceedings?
Certain mental health conditions may impair an individual’s capacity to make fully informed and sound decisions regarding important family matters, such as money issues or child custody. In such a case, the court may order that the person in question be subjected to an official assessment by a qualified mental health professional.
This assessment will determine whether the individual is sufficiently aware of the situation and can make choices that speak to their best interests. If the mental health professional finds that a person is not able to make sound decisions or doesn’t fully comprehend the gravity of the circumstances, the individual lacking capacity will be appointed a litigation representative to act on their behalf during family court proceedings.
Representatives are typically friends who can ensure the person’s interests and wishes are honored. The court may also appoint a legal deputy to handle certain matters, such as where the person will reside and how their finances are managed. Even without capacity, the court will try to consider an individual’s wishes and personal feelings as much as possible.
However, if a person’s mental illness is relevant to a particular family law matter, such as their ability to care for a child or instances of domestic abuse, the court has a responsibility to consider this factor when making official judgments. Regardless of whether you’re going into a case mentally unwell to some degree or are relatively well, one must consider “How can family law proceedings affect mental health?”
Family Law Case Types Heavily Affected by Mental Health
Before discussing the impact that family law proceedings can have on the emotional well-being of the individuals involved, it’s helpful to know more about the issues typically addressed in family court that have a significant connection to mental health.
Divorce, Separation, or Annulment
Divorce is the official dissolution of a couple’s marriage. Divorces often necessitate that various legal matters be settled before the marriage dissolution can be finalized, including determining whether there will be spousal maintenance (alimony), child custody arrangements, child support, and the division of community property and debt.
- Legal separation is a similar process involving the same issues, but the couple technically remains married despite living away from one another and having separate finances
- Annulments effectively mean the marriage is legally invalid and is no longer viewed as having existed in the first place.
Both separations and annulments can provoke many of the same emotional struggles as divorce. However, spouses annulling a marriage are not given the same rights as divorcing spouses due to the marriage being considered false to begin with. Meanwhile, separating spouses may experience additional emotional hurdles as they decide whether to divorce or stay married, as well as the ups and downs that come with a less-than-permanent arrangement.
Domestic Abuse
Specific mental health conditions can arise from situations involving domestic abuse or domestic violence. Victims of abuse may experience anxiety, PTSD, depression, and various other psychological troubles. Family courts may allow those who suffered domestic abuse to have a support figure during legal proceedings to help guide them in making important decisions, not unlike those experiencing other mental illnesses and unable to act in their best interests.
The court may offer survivors resources to heal from their negative experiences and provide a protective order or restraining order. The judge may also order the offending party to complete certain counseling or other corrective treatment.
Other Case Types
Family law is a broad category that encompasses not only divorce and domestic assault but also child custody, guardianship, paternity, adoptions, juvenile law, and more. These case types, just like many others under the family law umbrella, affect us and our closest contacts – our families. It should come as no surprise that these cases are especially emotional, as they can alter who children live with, who must keep or relinquish parental rights, and much more.
The Impact of Mental Health on Families During Divorce
Family issues are inherently very sensitive and stressful. It’s understandable how family law cases can take a toll on not only the people attending the court hearings but their spouses, children, and parents, too. The legal process of divorce or related proceedings can bring a sense of uncertainty and anxiety about the future. If you’re currently struggling with poor mental or physical health, the legal process may exacerbate your condition.
Depending on your situation, you may have specific concerns about an uncooperative spouse, your ability to secure a favorable custody arrangement, reaching a settlement that leaves you in fair financial standing, and more. In addition, it can be difficult to determine how long family law proceedings can take to complete, potentially resulting in distress due to financing the case or settling for a less-than-ideal settlement to move the proceedings along.
Children, specifically, can be quite vulnerable during family law issues—even under the most ideal of circumstances. Children are sensitive to their parents’ feelings, and witnessing strife between the two can lead to children experiencing anxiety, depression, frustration, and confusion of their own. A child may also feel pressured to mediate disagreements between parents or properly divide their sense of loyalty. This time of uncertainty can even impact their most basic sense of security, such as not knowing where they will reside or whether they’ll have to change schools.
Coping With the Emotional Challenges of Family Law Proceedings
Although you will undoubtedly be focused on pursuing a favorable outcome and resolving legal matters in a timely manner, it’s just as crucial that you take steps to ensure your and your family’s well-being as your case proceeds. This won’t look the same for every individual, and not all resources or beneficial legal options may be feasible for your situation. However, consider speaking with professionals and loved ones to find some methods that work for you.
Here are some tips for navigating your family law case while minimizing the impact on your mental health.
Tips for Supporting Your Child
Children of all ages are likely to struggle to some degree when their parents separate and have trouble adjusting to life with split custody and other changes. It’s not uncommon for children to exhibit emotional and behavioral difficulties during family law issues, along with problems focusing on their schoolwork. It’s important to notice these changes in your child and promptly provide them with careful support, a sense of understanding, and a willingness to listen.
It’s recommended that you maintain a sense of normalcy at home by adhering to routines and bringing stability to your child’s life during such a tumultuous and uncertain time, such as an active divorce. This can include continuing to uphold your child’s regular hobbies or activities they participated in before legal procedures began. Even minor things like sticking to your child’s bedtime routine can help them feel that at least some things are stable.
It also helps to keep the routine consistent between both homes, so some coordinated co-parenting is essential. Be sure to remain mindful of how you speak to or about your co-parent in front of your child despite your own emotional struggles. During these conversations, allow your child to express their feelings, promote honest and open discussion, and refrain from burdening your child with your thoughts on the separation.
If you have younger children, you should remind them that the divorce is not their fault and discourage them from feeling guilt or responsibility for the matter. Consider having your child speak with a qualified therapist or counselor to give them effective coping strategies for their emotions and feelings of uncertainty.
Developing a Strong Support System
When you are going through a divorce, legal separation, or some other family law case, it’s easy to feel like you’re completely alone. Although you may be separating from a person you were once extremely close to, you are not alone. For your own mental health, it’s incredibly important that you stay connected with a support system of some form to help you during this challenging time. This can take the form of a specialized support group, close friends, relatives, or a therapist.
Having someone you can vent your feelings to and lean on during legal proceedings can make a world of difference. You’re not meant to take on all of your problems alone, although it can be difficult to get past that inclination when separating from your spouse or partner. You should have space to express your emotions without judgment and receive the support you need. If you’re able, don’t hesitate to consult with a qualified mental health professional to help guide you throughout the duration of your legal proceedings and well after, if necessary.
Practicing Self-Care
In addition to finding a support system, remember to tend to yourself as a person. You may be focused on getting through the legal proceedings while taking care of your other responsibilities, but that doesn’t mean you should neglect what makes you feel happy and taken care of.
Self-care can be especially crucial during overwhelming and uncertain times. It may sound simple, but eating well, getting enough sleep, and exercising can help you manage your stress. Participating in hobbies, meditating, or writing in a journal can also help you cope with the emotionally taxing court case.
Consider Alternative Dispute Resolution
Family law issues are infamous for having the potential to become highly contentious and drawn out. Depending on your specific circumstances, you may want to think about whether an alternative dispute resolution (ADR) may be a viable option for you and your spouse. ADR methods include mediation, collaborative divorce, and others.
ADR approaches are generally less confrontational than traditional courtroom proceedings since you and your spouse can negotiate a settlement tailored to both of your specific needs or goals outside the courtroom. When family law cases are often left entirely up to a judge, one or both spouses are dissatisfied with a final judgment, resulting in litigation and a drawn-out court case.
Alternative dispute resolution methods may save all parties time and money and lead to a favorable outcome. However, this isn’t feasible for every case, such as instances of domestic abuse or when spouses are incapable of negotiating or communicating in a civil manner. Ask your family lawyer about whether an ADR approach may be a good idea in your case.
Compassionate and Competent Legal Counsel
Whether you can conduct legal proceedings through an alternative dispute resolution or not, it is crucial for the successful resolution of your case – and your mental health – that you secure a dependable and experienced attorney to represent you. Your family lawyer will be there to shoulder the heavy burden on your behalf, including managing all court dates, paperwork, updates, document drafting, and more.
A skilled attorney will guide you through the various legal procedures while protecting your rights, but they are also there to provide clarity and emotional support regarding sensitive family law matters. What’s more, they know your priorities and can provide advice about the best way to achieve your goals, enabling you to approach your case with confidence. Your lawyer is also essential to keeping you in the loop on how your case is progressing while allowing you to have the space you need to escape the stress of the proceedings.
The Valley Law Group: Kind and Understanding Family Law Attorneys
The experienced team of family law attorneys at The Valley Law Group understands how grueling and overwhelming legal proceedings can be. That’s why we feel so strongly about streamlining the process to reduce stress and financial burden, helping you manage complicated law procedures, and providing insightful counsel and effective representation with your best interests in mind.
Reach out to our firm today to schedule a consultation with one of our skilled family lawyers.
Sources:
- American Psychological Association. (n.d.). Parenting after separation or divorce. Retrieved from https://www.apa.org/topics/divorce/separation
- National Institute of Mental Health. (n.d.). Coping with stress. Retrieved from https://www.nimh.nih.gov/health/publications/stress
- American Academy of Pediatrics. (n.d.). Helping children during divorce. Retrieved from https://www.healthychildren.org/English/healthy-living/emotional-wellness/Building-Resilience/Pages/How-to-Support-Children-after-Parents-Separate-or-Divorce.aspx
- National Coalition Against Domestic Violence. (n.d.). Domestic violence and mental health. Retrieved from https://ncadv.org
- Centers for Disease Control and Prevention. (n.d.). The social and emotional toll of childhood adversity. Retrieved from https://www.cdc.gov
- American Academy of Pediatrics. (2016). Helping children and families deal with divorce and separation. Pediatrics, 138(6), e20163020. https://publications.aap.org/pediatrics/article/138/6/e20163020/52651/Helping-Children-and-Families-Deal-With-Divorce?autologincheck=redirected
- Kaspiew, R., Carson, R., & Rhoades, H. (2019). The challenges of family law cases involving domestic and family violence. Family Court Review, 57(4), 516–532. Retrieved from https://pmc.ncbi.nlm.nih.gov/articles/PMC6818274/
- Elrod, L. D., & Dale, M. D. (2008). Paradigm shifts and pendulum swings in child custody: The interests of children in the balance. Hofstra Law Review, 42(2), 623–664. Retrieved from https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=3254&context=hlr
Jonathan Roeder, Founder/Director of Marketing of The Valley Law Group, is an Arizona native who has dedicated his life and career to the service of others. After graduating salutatorian of his high school class, Jonathan attended beautiful and prestigious Pepperdine University, where he majored in Political Science. During his tenure at Pepperdine University, his passion for helping others grew after securing a clinical position with a residential treatment center for juveniles with substance addictions. Post-graduation, Jonathan returned to Arizona and served as a residential manager for mentally and physically disabled homes.
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