( 300+)Divorcing a bipolar spouse requires a detailed strategy. Our clients need guidance to understand how a bipolar spouse will affect divorce, including whether a bipolar diagnosis will impact child custody issues. A Greenville, South Carolina divorce lawyer with our firm can offer their services to anyone considering divorce. In a consultation, we can strategize ways to minimize stress.
How Bipolar Disorder Impacts Divorce
Bipolar disorder involves wild swings from depression to mania. This is a complicated mental health condition. Treatment typically involves some combination of prescription drugs, whether mood stabilizers or antipsychotics. Patients might also undergo cognitive behavioral therapy.
As someone married to a bipolar spouse, you probably developed strategies for maintaining your balance during these swings. However, divorce requires increased focus to maintain your stability.
Divorce adds stress, so your bipolar spouse could experience especially crushing lows and stratospheric highs. They might not keep up with therapy or medication, so their condition worsens dramatically.
Some of the consequences could include:
- Wasting money from joint bank accounts or taking on debt. Do you have a joint credit card or bank account? Your spouse could start spending money in an out-of-control manner, depleting your savings and plunging you into debt.
- Becoming violent or engaging in other dangerous behavior, like stalking. If your bipolar spouse did not file for divorce, they could feel blindsided and take it out on you violently. Some people fear for their safety after they file for divorce.
- Disappearing. A bipolar spouse could flee, which makes it harder to get a divorce.
Ensure Stability for Yourself and Your Children
If you have questions about how to divorce a bipolar spouse, you have come to the right place. Our experienced divorce lawyer recommends some commonsense strategies for protecting yourself.
1. Freeze Credit Cards and Bank Accounts
Our firm can help you protect finances by freezing joint credit cards and bank accounts so your ex does not waste money.
We can ask a judge for a temporary restraining order, which will prohibit your spouse from touching certain accounts. Ideally, you should move fast because it only takes a few hours to pull all the money from your savings or checking account.
2. Seek a Protective Order
If you fear violence, we can request a domestic violence protective order from the family court. These orders often contain the following:
- No contact order—Your spouse cannot contact you or other family members, like your children.
- Stay away order—Your spouse cannot come to your workplace or new home.
- Temporary possession of the home—You can ask the judge to order your spouse to leave the house.
- Temporary child custody—We can request that you receive child custody and child support.
- Firearm prohibition—A judge can prohibit your spouse from possessing a firearm while the order is in effect.
If your spouse violates any condition, even accidentally, we can ask the police to arrest them and take them before a judge. A judge might adjust the conditions or even possibly jail a defendant for contempt.
The state can also file criminal charges for violating a domestic violence protective order, with defendants facing 30 days in jail for even a first-time violation.
3. Set Boundaries
Clear boundaries are critical in a bipolar divorce. Furthermore, you need to consistently enforce these boundaries so your spouse gets a clear message that you are not going to be pulled into their mood swings.
For example, your soon-to-be-ex might start prying about who you are dating or become depressed if you no longer follow them on social media. Your spouse might try to extract information from the children.
There are some simple ways to enforce boundaries. You might find it helpful to only communicate by text or email. That way, you can avoid confrontations when your bipolar spouse is experiencing a manic high or crushing low. Electronic communication makes it harder for a spouse to manipulate your emotions by threatening suicide or other self-harm.
How a Bipolar Spouse Impacts South Carolina Child Custody
Judges make child custody decisions based on many factors, including each parent’s health and ability to provide a safe environment for the children. (South Carolina Code § 63-15-240(B).)
The statute specifically mentions the mental health of all people involved. However, the law also clearly states that a disability cannot, by itself, determine child custody. In other words, a judge can consider how bipolar disorder will impact your child’s well-being, but cannot solely rely on the diagnosis.
Some considerations include:
- Whether the parent is receiving treatment, medication might have stabilized their mood. However, a parent who has stopped treatment looks like a risk to a judge.
- Whether a bipolar parent has a history of crime or domestic violence, bipolar disorder is not an excuse for a parent to engage in dangerous behavior.
- How well your ex can parent your children, even with bipolar disorder.
Unfortunately, some parents with bipolar disorder have unstable homes. A child cannot thrive in that environment, and a judge might award only limited visitation.
How a Greenville, SC Family Law Attorney Can Help
Anyone divorcing a bipolar spouse will benefit from the help of an experienced attorney. Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC can assist men and women who are considering divorce. You know your spouse better than anyone else, and we can address concerns, such as fears for your physical safety.
Our clients are usually more satisfied when they give themselves adequate time to plan for divorce. That is often the case with a bipolar spouse. You might need time to set up a bank account, find a new place to live, or request a protective order.
Schedule a Consultation with Our Office
Our firm has more than a decade of experience providing family law services, including divorce services. It is never too soon to reach out and set a time to meet an experienced Greenville divorce lawyer. We have helped many men and women with bipolar divorce, and we can meet for a safe, private consultation in the 29605 zip code or surrounding areas. Contact us today!
