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Specialty tag(s): Mental Health and Addiction in Divorce, High-Conflict Divorce, Divorce
Aimee Pingenot Key | November 13, 2024
Many family law cases include legal and emotional challenges, and the presence of mental health disorders can contribute significantly to the complexity of a family law matter. However, not all mental health disorders are the same: Different types of mental health disorders can have vastly different symptoms and how you approach working through the divorce process with a spouse with mental health disorders can vary greatly. Taking the time to develop an understanding of mental health disorders can help in navigating the legal process and crafting solutions that take into account the well-being of all parties involved.
Mood Disorders
Some of the most common mental health disorders are mood disorders, including depression and bipolar disorder. These illnesses are characterized by disturbances in a person’s emotional state, ranging from prolonged sadness to intense mood swings. In the context of divorce, mood disorders can complicate communication and decision-making, often leading to increased conflict or erratic behavior.
Anxiety Disorders
Anxiety disorders include generalized anxiety disorder, panic disorder, social anxiety, and phobias. People with anxiety disorders experience excessive fear or worry that can interfere with daily life. During a divorce, anxiety can heighten fears surrounding conflict, legal proceedings, or future uncertainties, making negotiations more challenging.
Psychotic Disorders
The most well-known type of psychotic disorder is schizophrenia, which includes symptoms like hallucinations, delusions, and disorganized thinking. Divorcing someone with a psychotic disorder can involve navigating unpredictable behavior and ensuring that their mental state is stable enough to participate fairly in the legal process.
Obsessive-Compulsive Disorders
This category includes OCD and related conditions like hoarding disorder. These disorders involve repetitive behaviors and intrusive thoughts. During a divorce, these symptoms can complicate property division or custody arrangements.
Trauma and Stress-Related Disorders
Conditions like post-traumatic stress disorder and acute stress disorder develop after experiencing a traumatic event. A spouse with such a disorder may struggle with trust, emotional regulation, and coping with the stress of divorce, making the process more emotionally taxing.
Substance Use Disorders
Addiction to drugs or alcohol often occurs alongside other mental health issues. Divorcing someone with a substance use disorder may involve concerns about financial instability, safety related to child custody, and the ability to engage responsibly in legal proceedings.
Personality Disorders
Personality disorders are mental health disorders characterized by enduring, maladaptive patterns of behavior and thinking. Divorcing someone with a personality disorder can be particularly difficult due to issues like manipulation, impulsivity, and lack of empathy, which may prolong legal battles and emotional stress. Personality disorders are categorized into three clusters based on their characteristics.
To best support our client’s needs when managing a divorce that includes aspects of mental health issues, many GBA attorneys have gone deep into the research and science surrounding the intersection of mental health and divorce.
Cluster A: Odd or Eccentric Disorders
Mental health professionals define cluster A personality disorders as types of mental health disorders that are characterized by odd, eccentric thinking or behavior. They generally cause social and relational problems, as those diagnosed with cluster A disorders appear to act unusually in social settings. However, it is possible to exhibit some cluster A mental health disorders’ signs and symptoms without meeting the full criteria for diagnosis.
In relation to family law matters, those with cluster A personality disorders may have trouble following the advice of their attorneys or divorce coaches, as they tend to stick to their own perceptions and ways of acting. This inability to change how they view a situation or respond to it can lead to them feeling targeted or victimized.
Cluster A mental health disorders include:
- Paranoid Personality Disorder: Those with paranoid personality disorder have trouble trusting others, misinterpret mundane comments as personal attacks, are reluctant to confide in others, and often hold onto grudges for extended periods.
- Schizoid Personality Disorder: People with schizoid personality disorder, which is relatively uncommon, tend to avoid others and have trouble expressing their emotions. These symptoms can lead others to believe that they are cold or detached.
- Schizotypal Personality Disorder: Symptoms of schizotypal personality disorder include hearing voices, experiencing hallucinations, or believing that hidden messages are present in various aspects of society. As a result, those with this type of disorder tend to have unusual personalities and social anxiety.
Cluster B: Dramatic, Emotional, or Erratic Disorders
Cluster B includes common mental health disorders that affect a person’s ability to regulate their behavior and emotions. People with these personality disorders often desire respect, empathy, and attention at unhealthy levels, which can create naturally adversarial personalities. They also have trouble taking accountability for their actions and have a tendency to blame others.
Those with cluster B personality disorders are commonly known as “high-conflict personalities” in family law cases. Their personalities can cause numerous conflicts throughout the duration of a case and significantly slow or complicate matters. Cases involving an increased level of conflict are considered high-conflict divorces and require a nuanced approach to ensure that the best interests of the client are carefully considered.
Cluster B mental health disorders include:
- Antisocial Personality Disorder: This type of personality disorder, commonly called sociopathy, is characterized by disregard for others’ rights, deceit, and impulsivity.
- Borderline Personality Disorder: BPD is characterized by instability in relationships, behavior, mood, and self-image. Those affected often act in unpredictable ways that can be manipulative and volatile.
- Histrionic Personality Disorder: Also known as dramatic personality disorder, histrionic personality disorder is characterized by excessive emotionality and attention-seeking behavior. People with histrionic personality disorder are often enthusiastic, flirtatious, seductive, and charming.
- Narcissistic Personality Disorder: Those with narcissistic personality disorder exhibit a lack of empathy, a desire for admiration, and a sense of entitlement. Narcissists will commonly belittle those around them and see themselves as superior.
Cluster C: Anxious or Fearful Disorders
Cluster C personality disorders are marked by pervasive fearful and anxious feelings. Those with these types of mental health disorders tend to avoid confrontation and are fearful of many things, including criticism and rejection. Mental health professionals have also found that those with cluster C personality disorders commonly view themselves as unattractive or undeserving of affection. These feelings are exacerbated by a tendency to associate with those most likely to reject them or treat them badly. As a result, it can be difficult for those with a cluster C mental health disorder to maintain healthy interpersonal relationships.
Those with cluster C personality disorders can have difficulty with family law matters, as they are often hesitant to make important decisions or interact with others.
Cluster C mental health disorders include:
- Avoidant Personality Disorder: Avoidant disorder is characterized by feelings of inadequacy, social inhibition, and a sensitivity to criticism. Individuals with this disorder often avoid social interactions and new activities due to an intense fear of rejection or embarrassment.
- Dependent Personality Disorder: Those with dependent personality disorder have a need to be taken care of, which leads to clingy and submissive behavior and a fear of separation. Individuals with this disorder often have difficulty making everyday decisions without an overabundance of reassurance or advice.
- Obsessive-Compulsive Personality Disorder: Individuals with this disorder crave control and perfectionism, often focusing excessively on details, rules, and schedules, to the point where the major point of an activity is lost. They may also be stubborn in social interactions as well as matters of morality, ethics, or values. This mental disorder may be outwardly similar to OCD, but people with OCD typically recognize that their anxieties and behaviors are irrational and feel distressed by them, while people with OCPD usually feel that their behaviors and thoughts are perfectly rational and desirable.
Get Help With Your Divorce From Experienced, Compassionate Attorneys
If you are facing a divorce complicated by one or more mental health disorders, Goranson Bain Ausley is here to help. Our experienced family law attorneys understand the intersection of mental health and law and are committed to providing compassionate, informed support. Contact us today to discuss how we can assist you.