Legal Question in Family Law in Georgia

Defendant's mental illness grounds to block divorce - Georgia Law?

If following the filing of a divorce action, mental illness surfaces in the defendant, under Georgia Law, would the plantiff be required to stay in the marriage and/or be required to pay for the defendant"s treatment?


Asked on 4/16/98, 12:50 am

1 Answer from Attorneys

Byron Sanford Briskin, Cross & Sanford, LLC

Mental illness as a bar to dovorce

Based on the facts you have given, mental illness should not, in and of itself act as a bar to the divorce proceedings. Depending on the severity of the mental problems, however, it may be determined by the court that the defendant is not capable of making decisions on their own and a guardian may need to be appointed.With respect to the being required to pay for oyur spouse or ex-spouse's treatment, I am not aware of any Georgia law which would require this, however, I must indicate that my expertise in helath care law is limited at best.It would be my recommendation to consult with an attorney on a more formal basis so that all relevant issues can be examined more thoroughly.If you wish to do so, please feel free to contact me for a consultation.

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Answered on 5/04/98, 7:35 pm


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