Call Today for a FREE Consultation!


Contact Us


Call for Free Consultation

(858) 935-6211

[gravityform id="11" name="Contact Us Fixed" title="false" description="false" ajax="true"]

How Can I Prove My Spouse Is Incurably Insane?

Filing for divorce on the grounds of incurable insanity is a challenge due to the fact that the burden of proof lies on the spouse filing for divorce. In order to prove to the court that one’s spouse is incurably insane, expert medical and psychiatric witnesses must be presented to the court. It is not a matter of whether or not the allegedly insane spouse suffered from a mental disorder at any point in the marriage. Rather, it must be proven that the disorder was present at the time divorce papers were filed and that said disorder will exist indefinitely. If young children are involved, proving incurable insanity will benefit the spouse making the claim. However, distribution of property or spousal support will likely not be affected.

Contact Us

Whatever your reason for pursuing a divorce may be, contact a family law attorney at the law office of Fischer & Van Thiel, LLP, at 858-935-6211.

Posted in: Divorce, Family Law

FAQs by Category:

Articles by Category:

Blogs by Category:

  • Testimonials

    • photo

      I was very happy with Mr. Fischer and his team! They helped me in a time of crisis and made sure the outcome was in my favor. Thank you s ...More

      Thomas Zachary
    • photo

      Thank you Mr. Fischer!!! I would and have recommended this Michael Fischer to friends. I had a very difficult divorce/child custody. He a ...More

      Elizabeth Mila
    • photo

      I was dealt with a man for over 2 years who was only concerned with breaking me and reducinghis support payments fo rhis children, Mr. Fi ...More

      David Sebastian
    • photo

      My wife and I started our divorce over two years ago, and I was at a stand still with my wife and my attorney at the time had no plan. I ...More

      Gabriel Dylan
    • photo

      I wanted to take a moment and thank Mike Fischer my divorce attorney for all that he did for me. He made a very difficult time much easie ...More

      Kaylee Victoria
    • photo

      Going through my custody battle was very emotionally trying. I was lucky to have choosen Fischer & Van Thiel to help me protect the m ...More

      Mithila Parker