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.
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.