What will happen if my husband is bipolar and he wants a divorce?

Question

My husband has been diagnosed with bipolar disorder which causes him to make very extreme decisions. He has currently decided he wants a divorce. We have started to divorce process and are currently discussing a legal separation. I'm not sure of the separation could benefit me or not. We both live in the same house which he wants me to move out of. He has taken computers, blueray players, my computer, my ipad, etc out of the home. He has stopped paying all the bills most of which are in my name. He has closed out all the accounts and taken my name off the ones he has. I have absolutely zero access to our money. We own a franchise which we have 18 of. However they are not in my name so he feels I have no right to them or the money they are making.  He has three kids from a previous marriage which I love as if they were my own. He has told me that I am hurting the kids by not moving out and being cooperative with the divorce. I believe right the opposite... the divorce is hurting the kids so I am trying to do everything I can to prevent this from happening. I genuinely believe his mental illness is causing him to feel this way and I am fighting for our marriage to work.

Melvin Franke · Answer

You must meet with an experienced divorce attorney.

Leonard A. Kaanta · Answer

You need a good divorce attorney.

Michael Paul Vollandt · Answer

He can get one if he wants one in California.

Janis Blough · Answer

I have dealt with a bipolar divorce client, and suggest that you retain  experienced counsel. It may be possible to discover whether your husband is  taking his medications or if they should be adjusted. Ultimately, however  misguided, if he is determined for the minimum 6 month waiting period, he can  testify that "there has been a breakdown in the marriag relationship to the  extent that the objects of matrimony have been destroyed and there remains no  reasonable likelihood that the marriage can be preserved," and that's all it  takes under?Michigan's no-fault divorce statute. Until or unless the court orders it, However, you should not leave the marital  home. Such an order is unlikely if you have no funds and you refrain from  actions which would be harmful to the children (arguing in front of them,  etc.). Try to keep the peace  and don't agree to a legal separation unless he  gives you a substantial spousal support allowance and returns all of your  personal property.  Regardless of whose name is on the titles, deeds, contracts, or other assets  (franchises), all assets and debts acquired during the marriage will be divided  about equally in the divorce, unless one party or the other is substantially at  fault. If you are without funds, consult an experienced attorney who can  petition the court to have your husband pay attorney fees and court costs. It  sounds like there should be sufficient assets available to support the cost of  two attorneys. If his children are not yours, it will be an uphill battle to obtain parenting  time with them, but an experienced attorney would be most helpful here too. Because you have stood in loco parentis for these children (you don't say for  how long  the longer, the better), you have an argument to get some contact.

John Brennan · Answer

Get an attorney now.  You need to protect yourself while you are attempting to save the children, the marriage and help your husband.

Dennis P. Mikko · Answer

If he has filed for divorce, you need to retain an attorney to represent you.  It sounds like the business is what provides the income for the family and you have a right to some of that income.  Regardless of his mental disorder, the decisions he is making are contrary to what the law would provide to you.  You need to have a court issue an order preventing the sale or other disposal of assets and to award you some form of temporary spousal support upon which you can live.  Since it is the marital home, you may want to seek an order for exclusive possession thereby removing your husband from the home.  Only when he realizes that there are consequences to his actions will he be forced to evaluate what he is doing.  Right now, he is controlling the shots through the money and the process is having no effect on him.  Again, you need legal representation to protect your rights.

Willie Stephen Graves · Answer

If you're in Texas as is indicated in the heading above your question as it came to me, it doesn't matter in whose name property is held; what matters is whether it was acquired during the marriage.

Anne Howard · Answer

You need an attorney to help you with this.  His mental health will make the divorce very difficult especially when he's manic. Keep track of everything he takes  its probably half yours.  Just because your name is not on something does not mean you don't have an interest in it. Get your hearing for support and attorney fees set ASAP.  With the divorce filing there are automatic temporary restraining orders prohibiting changing accounts moving money etc. he sounds like he's already violating them  Opinion only not legal advice.

Frances Headley · Answer

While you may not wish the dissolution but you need to take legal action to protect your rights.  Unless your spouse's illness is severe enough to render him incapacitated then as an adult he is entitled to get a dissolution.  You need to consult a family law attorney to assist you.

Candice Ragsdale-Pollock · Answer

Here is a two fold reply:  1) he is able to obyain a divorce whether or not you agree with a divorce.  However, a legal sepaarqtion will take care of everything excpt the dissolution of the bonds of marriage; 2) you need to find your sel a good attorney who will protect yu and the children's rights in this matter,  Iaf not everyone may come out losing.

Cassandra Savoy · Answer

Your problems are serious and complex.  You are not going to be able to resolve them with internet advise.  You need to see a lawyer.

Barbara Peyton · Answer

You need to take immediate action to take control of the assets and debts.  You will undoubtedly need an attorney to assist you but there are statutes which can help you get attorney fees paid by your husband.  Please do not hesitate any longer.  You are in danger-physically, emotionally and financially

Robert De Groot · Answer

Did it occur to you that an attorney who does family law would be able to help you? Get one.

John Kirchner · Answer

The simple answer is that, at least here in Colorado, he will get the divorce.  The real questions relate to the final terms of the divorce and your description of the situation clearly indicates that there is too much complexity and potential conflict for you to attempt to proceed without hiring your own lawyer to help guide you through the process. All of the concerns you describe can be dealt with in the divorce process, but you cannot adequately do that on your own.

Elizabeth Jones · Answer

You need an attorney right now.  He is shutting you put and you need help.  There is community property at risk.

John Ferguell · Answer

There is nothing you can do to prevent him from filing for divorce. Washington is a no fault state.  What you can do is be as cooperative as possible and then also let the case drag on.  In King County, it takes about a year to get a trial date and a lot can happen in the interim time.  You can also ask the court to order counseling and put in your reply to the Petition that you do not believe the marriage to be irretrievably broken.  There are lots of other options available to exhaust before a final decree will be entered.

Annette Sandoval · Answer

My suggestion is to speak with an attorney in person so that you can discuss these issues in depth including whether a legal separation is beneficial to you.  His mental health issues may become a factor if he continues to behave unreasonably.  Arizona is a community property state, so anything accrued during the marriage is subject to equitable division.  It does not matter whose name is on the account or asset.  You might need to do a business valuation to assess how much the franchise(s) are worth and what you should be paid as your community interest.  As far as stopping a divorce, you can attempt counseling by filing a petition for conciliation services, however anyone who wants a divorce in Arizona is entitled to seek one.  In the end, if your husband does not want to reconcile, the divorce will proceed.

Erin Farley · Answer

It sounds like a complicated situation. I strongly advise you to consult an attorney so that you understand your rights and your options. If this is something you think can be saved (and is good for you), then a mental health professional will also be essential.

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