I am being served with divorce papers claiming I have a mental illness. I have never been diagnosed... can my husband do this?

Divorce 5 views 3 answers
My husband and I have been seeing a marital counselor since our marriage 4 months ago... The therapist has said that we both have "issues"... but somehow my husband is convinced that I have a "mental illness" without even a diagnosis. He has told all of our friends, our priest and family. Can he do this? Is this slander?

Attorney Answers

3
Joseph Obrien ·
Your husband and his attorney cannot file false pleadings. If there is no evidence of a mental illness and they put that in a signed pleading with the court they can be sanctioned.
0 upvotes
David Gotzh ·
You'll see all sorts of creative pleadings in the Domestic Relations division. If it's solely related to showing grounds, I'm not certain the judge will care; grounds has no impact on property division and maintenance. Also pleadings can be amended, so perhaps they'll agree to I/R w/6 month waiver or some other mutual acceptable arrangement. HOWEVER, if it's related the custody/parenting time or an allegation of dissipation, then different story - and I agree that if it's a misstatement of facts, then you need to throw down the gauntlet and deal with it. Talk to a family law attorney in your area for specific guidance.
0 upvotes
Gary Schlesinger ·
most likely it says that you have been guilty of extreme and repeated mental cruelty which is one of the legal reasons to end a marriage. take the papers to a lawyer for advice when you get them.
0 upvotes

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