There are plenty of former spouses who use the “my husband/wife was crazy” sentiment when discussing their once-lover and friend. While most of the time the ‘crazy’ claim is merely an insult on their former spouse, sometimes, you might sincerely feel that your former spouse suffers from a bout of insanity. To those considering divorce, it’s important to understand that insanity claims are not legal grounds for divorce in South Carolina…
Insanity Claims and Defenses in Divorce
While one spouse may certainly be ‘crazy’ by your definition, or even a clinical one. But, insanity claims will not make a case for your separation. Divorce must fall into one of four categories: adultery, physical cruelty, desertion for at least one year, or habitual alcohol/drug use. Alternatively, no-fault divorces are possible after separating for one year.
Insanity presents more issues than problem solving power
For starters, your insanity claims against your spouse can lead to a longer process (which means more money), and could potentially become their defense. For example, if one spouse claims habitual alcohol abuse against the other spouse. So, that spouse might claim that they’ve recently been diagnosed with a mental disorder. In turn, they’ve employed alcohol to ease the effects of their disorder.
Insanity is not a full-proof defense
The spouse claiming insanity will need to prove, through expert testimony and testing, that they have a legitimate, diagnosed disorder. However, even through legitimate insanity claims and defense, the divorce might still occur. Rather, it may come into play while deciding the terms of the divorce.
Likewise, the spouse requesting the divorce isn’t going to be able to simply say, “they are crazy” and have a divorce granted. If insanity is the only reason for the matrimonial split, a no-fault divorce is going to be the way to go. After a year of separation, the requesting spouse will be able to, likely, obtain the divorce.
Mental Health Plays a Big Role After Divorce
Mental health in divorce can play a large part in the proceedings. From settlements, terms of separation, and even child custody. Therefore, if your divorce contains issues of mental health and stability, be sure to review all relevant information with your attorney.
