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Mental Health and Family Law

Published: March 19, 2024

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Mental Health and Family Law

Discussions surrounding mental health have become increasingly common and while this has helped to reduce stigma, it has not gone away completely. However, it is an important topic for many people involved in a family law matter.

You might have questions such as, what role does mental health play in family law matters? Will your ex-spouse’s struggles or your struggles with mental health and/or mental health diagnosis will be relevant to the issues of parenting-time and decision-making responsibility? Are you worried that you will be at a disadvantage due to mental health struggles? Does mental health play a role in family law litigation more generally?

The prevalence of mental health challenges in people involved in family law matters is unsurprisingly, higher than in the general population. What this means is that if someone is involved in legal matters related to separating from their spouse, they or their spouse are more likely to be experiencing mental health challenges than an individual taken at random from people not involved in a family law matter. This is particularly true for high conflict family law matters.

This does not mean that the person with mental health challenges is the cause of the breakdown in the relationship; or that they are guaranteed to be driving the conflict in the matter. There is a far more nuanced and complex interaction between mental health and family law matters.

It may be that the breakdown of the relationship has led to, or exacerbated your mental health challenges. Separation is a highly stressful process, it involves significant life changes, often there is grief, financial implications and other significant adjustments. These circumstances can in-turn result in poorer sleep, loss of routine, less time dedicated to enjoyable activities and fewer resources, financial and otherwise for healthy habits. It shouldn’t come as a surprise then, that the process can take a toll on one’s mental health.

Given that a family law matter can take time to conclude, it becomes even more important to seek support and resources to mitigate the potential negative impact on your mental health. You may wish to engage with counseling; ensure you remain connected with sources of support, such as friends, family and community; and continue to take time to care for yourself. It is when we feel least able to do these things that they are often the most important.

Experiencing mental health challenges also does not mean you are not fit to parent or that your ability to parent is negatively impacted. What is important is that you take the necessary steps to consistently manage your mental health. Depending on what mental health challenges you are facing, this may involve continuing with your pre-existing treatment plans, or engaging additional supports while the family law matter is ongoing, and it may include working with your health care team to ensure you are on the best medication for you so that it is effective and any side effects are as minimal as possible.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - divorce & separation

If you are litigating your matter, social media posts made by your spouse or partner may be relevant, especially if they contradict what your spouse is claiming in his or her pleadings.

For example, if a spouse is claiming financial hardship, a Facebook post that shows that spouse going on an expensive trip or posing with an expensive car can undermine such claim  and, potentially affect that party’s credibility in court if presented as evidence on a motion or at trial.

Further to photograph-based posts, statements that are made on social media by one party can be relevant if said posts (i) are related to the litigation, to issues of parenting  and/or (b) they contradict statements that were made by the party in his or her pleadings. For example, if a party who is attempting to establish that he or she is an appropriate custodial parent, then recent social media posts about extensive partying and drug use made by that party may be relevant in court, as they may speak to that party’s fitness when it comes to appropriate supervision of a child in his or her care.

The Ontario Attorney General’s website estimates that divorce proceedings can take approximately four to six months to complete, provided that all documents have been appropriately accomplished and submitted on time.

No. The law does not favour mothers over fathers in divorce proceedings. The judge will base his decision on the evidence laid out by both parties.

The main distinction between divorce and separation is that divorce ends your marriage formally. You and your partner are no longer married.
If you’re separated, you’re still legally married to each other even if you receive a formal separation, and you must continue to record that you’re married on documents.

No. You are not required to get a lawyer for a divorce. However, it is best if you retain one to ensure that you fully understand all your rights and obligations.

A joint divorce application occurs when you and your spouse both agree to a divorce and on all other family law matters such as parenting, spousal support, or division of property.

Yes, it is different. Family law problems are addressed mainly by provincial laws in Ontario. Divorce law, on the other hand, is controlled by federal legislation in the form of the Divorce Act, which applies uniformly across the country.

Divorce can be a difficult decision to make, especially if you’re unsure if your partner will sign the petition. However, a divorce does not require your partner’s consent. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

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If you need legal advice regarding divorce & separation matters in Ontario, contact our Toronto family law lawyers for a free consultation. Some conditions may apply.

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