Legal Question in Family Law in Illinois
My husband and I were happy for 3 1/2 years. We never fought. A little over 2 years ago, My husband started talking about multiple wives. A couple of months later I found out that he was having an affair with someone who is married herself on the internet. He said he loved both of us and he would like to live with us both. Now he is living in PA with her now but keeping up with his financial responsibility with me If she divorces her husband, can my spouse divorce me if HE is mentally ill which I feel he is? He even told me he was messed up in the head.
2 Answers from Attorneys
Truly mentally ill people need to have a guardian established to look out for their interests in court - and in divorce court. If a person is not competent to testify, make decisions about their divorce case, etc., they will need to have a guardian appointed to do so for them. "Messed up in the head" may not reach this level. While someone may have psychological problems, those problems may not reach the level where the individual cannot make decisions for themselves legally.
So I guess the short answer is yes. He can divorce you. In Illinois, irreconcilable differences are enough to obtain a divorce. Once you are living separate and apart for more than two years (six months if you both waive the two year requirement) you can get divorced.
You can ask the court in Illinois to order that the other party undergo psychiatric testing. Frankly this has two major applications - parenting/custody disputes, and I suppose also a fitness determination if a person is truly unable to make decisions for themselves.
Truly mentally ill people need to have a guardian established to look out for their interests in court - and in divorce court. If a person is not competent to testify, make decisions about their divorce case, etc., they will need to have a guardian appointed to do so for them. "Messed up in the head" may not reach this level. While someone may have psychological problems, those problems may not reach the level where the individual cannot make decisions for themselves legally.
So I guess the short answer is yes. He can divorce you. In Illinois, irreconcilable differences are enough to obtain a divorce. Once you are living separate and apart for more than two years (six months if you both waive the two year requirement) you can get divorced.
You can ask the court in Illinois to order that the other party undergo psychiatric testing. Frankly this has two major applications - parenting/custody disputes, and I suppose also a fitness determination if a person is truly unable to make decisions for themselves.
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