QUESTION
How can a married woman that is legally bipolar get out of an abusive relationship?
Asked on Feb 16th, 2014 on Litigation - Nebraska
More details to this question:
I know someone that is legally bipolar and she is married to a man that is taking advantage of her such as with her money and to have a place to stay. Also he mentally abuses her every day of the week. How can she get out of this relationship?
7 ANSWERS
Administrative-Regulator Attorney serving Seattle, WA
at
Law Offices of Karen A. Clark
Update Your Profile
When one is in an abusive relationship, it is imperative that s/he makes a plan for a safe exit. The first thing your friend should do is to seek the assistance of a domestic violence counselor. That person can help with formulating the plan. Your friend needs to make sure that s/he has a safe place to go when leaving the abusive spouse. The domestic violence counselor will help your friend to find such a place. Please note that in most circumstances, one's mental health status will not effect one's ability to file for a Petition for Dissolution/Divorce. Many domestic violence shelters work with volunteer attorneys who are more than willing to help the abuse victim complete the necessary Petition.
Answered on Feb 19th, 2014 at 5:38 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
She can file for a divorce.
Answered on Feb 19th, 2014 at 5:37 PM
James Edward Smith
Get a divorce or leave the guy.
Answered on Feb 19th, 2014 at 5:37 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
If they are not married, she can walk out of the relationship. If they are married, she can file for divorce. Either way it's up to her.
Answered on Feb 19th, 2014 at 5:37 PM
Bruce Provda
I am not sure of what the term "legally" bipolar would mean, do you mean that a doctor has given her this diagnosis? However, she can file for divorce just like anyone else and should contact an attorney as soon as possible.
Answered on Feb 19th, 2014 at 5:36 PM
Anyone seeking to get out of an abusive relationship must make the decision to separate themselves from the other party. If they are married, they need to file for a dissolution of the marriage (divorce or annulment). There are agencies such as the YWCA that help women remove themselves from abusive relationships and help them transition to living separately. Some mental health agencies may also offer assistance. In the case of physical abuse, local law enforcement agencies can be contacted by individuals or by concerned family or friends if the actions of the offending person constitute crimes. If your friend will not take steps to protect herself, the court could be approached to appoint a guardian that would have the power to make legal decisions on behalf of the incapacitated individual.
Answered on Feb 19th, 2014 at 5:32 PM
4 Awards
There is no such term as "legally bipolar." Bipolar is a medical diagnosis, not a legal status. If her bipolar diagnosis is so severe that she cannot make certain decisions for herself, she would have to be legally declared "incompetent" on the basis of mental illness. This isn't as simple as having the diagnosis - it has to go through a court for a guardianship proceeding to have someone appointed to make her care decisions on her behalf, with oversight by the Judge each year. If she is not at the level of being proven legally incompetent, she can get out of the relationship the same as anyone else - by contacting a local divorce attorney and her local domestic violence organization and requesting their help. You do not mention children, so if she decides to end the relationship, there would be a clean break.
Answered on Feb 19th, 2014 at 5:32 PM