Is Divorce Affecting Your Mental Health?

Posted by: Gerald A. Maggio, Esq.

orange county divorce attorney; The Maggio Law FirmThose who have been through a divorce actually realize that it is hardly a picnic. At least, the statement is true for most of the divorced couples. Both the emotional as well as the legal process can take a toll on your physical and mental well being. When you find yourself entangled in a divorce that is full of drama and high conflict, your case may drag on for an indefinite time period. Further, your mental health can suffer due to your emotional turmoil. Research has proved that a divorce can even affect your heartbeat and sleeping habits.

Plus, there is plenty of uncertainty, which comes as an additional baggage with your divorce making you feel insecure today or even in the future. Based on your unique circumstances, it is possible that you need to move all of a sudden, resume work after many years when your sole focus was on your home and kids. You may even have to survive with fewer funds than before. When you are aware of the mental health issues that may pop up during your divorce, you can be in control over your emotional and physical health and are able to take all such steps that can prevent excessive damage.

Divorce and anxiety

There are ample case studies to prove that divorce may expose the involved parties to a higher risk of a mental state such as anxiety. This emotional state may be reflected by chronic worry, increased physical agitation, panic attacks, restlessness or fearfulness, and irritability. It is normal to be busy with the various details and intricacies of your divorce, relationship issues with your former spouse and thinking about those negative issues that you may have to cope up with next. Anxiety can lead to a feeling of obsessiveness while causing havoc to your everyday function, sleep, and concentration. In case you feel that you are suffering from high degrees of anxiety while your divorce proceeding is still going on or after your divorce, you should either get in touch with your physician promptly or try out any or all of the following natural remedies.

Search for support groups or a professional counselor

  • Pursue some new hobbies
  • Exercise regularly
  • Form new friendships
  • Get engaged in meaningful work
  • Volunteer to help others
  • Get in touch with your friends and family for support

Divorce and depression

Depression occurring due to a painful life event such as divorce is not same as clinical depression. The former is referred to as situational depression of adjustment disorder. However, both situational depression and clinical depression may manifest in a similar manner.

Depression after a divorce may also happen due to some other factors. These are as follows:

  • Avoiding one’s friends and family
  • Staying away from responsibility
  • Engaging in conflict or fighting
  • Performance becomes poor at workplace due to inadequate or no focus

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

What To Avoid Doing In A Divorce You Didn’t Want

Posted by: Gerald A. Maggio, Esq.

Top divorce attorneys in Orange County; The Maggio Law FirmThe repercussions of divorce can be quite severe for many who are affected by it. When a divorce is undesirable or unwanted, it can even drive some affected couple to become insane.  After all, you have given years of your life to the marriage, brought up your kids with much care and love and given unconditional support to your spouse. So, when the person you loved so much simply walks out from the marriage, the agony can be heart-wrenching. Follow the below-mentioned things to avoid when you are at the receiving end of an unwanted divorce.

Stop discussing your ex constantly with your family members and friends

It is better to think less about your former spouse and when you talk less about him/her, you can achieve your purpose easily your emotions and pains will be easier to control when you talk about it but do not do it with everyone around you who shows an interest to know about your personal details. Rather, it is better to consult a reputable therapist or a close and dear friend and stop discussing your ex with all others about your feeling and divorce.

It is better to not call your former spouse

Just because your spouse listens to your voice over the phone does not mean that they are going to return to your life all over again. This is particularly applicable when you are testing or dialing them many times on each day. Since it was your ex who desired to get divorced and you gave them what they had asked for, do not get in touch with them unless it is very important. If your former spouse does not return to you, even you need not look back and try to throw yourself at such a person. Even though your marriage could not be restored, you should try to have your pride and self-respect intact. However, the exception to this rule is when you have minor kids from your marriage and you need to text or call them to discuss child-related matters.

Stop over-analyzing on what was not right in your failed marriage or how you could have behaved or done things in a different manner

You should definitely try to pinpoint as well as learn lessons from your past mistakes that you committed when you were married. Once you have managed to do so, it will not be very difficult to forget your painful past. What is done cannot be undone even you keep analyzing about your past. Over-analyzing will only give your self-pity and low self-esteem that should be avoided at all cost.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Seeking Divorce on Grounds of Mental Health Issues

Posted by: Gerald A. Maggio, Esq.

Top family lawyers Orange County; The Maggio Law FirmOne of the best things about the State of California is that it is a “no-fault” divorce state. It means that to get a divorce you do not have to provide any explanation regarding your behavior towards your relationship. Now, what happens if one of you seeks a divorce based on grounds of mental illness? In California, it is referred to as “incurably insane,” and it is ground on which you can seek a divorce. However, the judge decides whether the person in question has reached a level of insanity which is incurable or not.

Grounds on which divorce can happen

The legal incapacity of your spouse is determined based on his/her behavior. You can ask for a divorce if your spouse is unable to show one or more of the following traits:

  1. Making logical decisions with respect to marriage, health or legal grounds.
  2. Attention towards speaker
  3. Processing information
  4. Processing logical thoughts
  5. Modulating moods

You must provide proof of your spouse showing signs of mental illness. The judge will listen to testimony from different mental health experts and will then conclude.

Effect on Custody

Usually, the State Department of Social Services will handle the child when the parent is proved to be suffering from mental illness. They will provide reunification services to the family but only if the parent’s mental health is not extreme enough to be confined to a mental institution.

Additionally, the Director of State Hospitals or Director of Developmental Services can certify a parent to be mentally unfit and cease the parental rights. However, two or more mental health professionals must confirm and testify that the mental state of the parent will continue indefinitely before such action can be taken.

Effect on spousal support

“Spousal support” in California is based on the earning ability of each spouse to maintain a certain standard of living. If a parent gets divorced on grounds of mental illness, there are disability benefits provided by the state of California. However, in most cases, the newly-divorced parent struggles to maintain the same standard of living he/she had before the divorce.

If divorce is granted based on your ex-spouse’s mental illness, you are still liable to bear some of the expenses. You must understand that for a person suffering from mental health issues, it is very difficult to make a decent living on just disability benefits.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

 
No Legal Advice Intended: This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems. Full disclaimer.