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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife has asked for a divorce; three years ago she has

Resolved Question:

my wife has asked for a divorce; three years ago she has been diagnosed with clinical depression and continuously receives medical advice and treatment, including medication. She stopped working since the diagnosis, although still receives a very decent work insurance monthly payments from her employer - in fact, her monthly earnings are higher than my full time salary. We have been undergoing a counselling sessions for about 6 months - there are 3 children in a family (17, 15 and 13); I do not want the divorce to protect kids. can she still petition for divorce?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. If she has unreasonable behaviour from you that she feels has led to an irretrievable breakdown of the marriage she will be able to apply for divorce. You will be allowed to defend the divorce if you do not agree the marriage has irretrievably broken down.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 1 year ago.
I knew that; the point is whether the court will see her illness (which made her unable to work and emotionally volatile) as an irrelevant factor; she has also been accussed, before her diagnosis, of using a physical force against our oldest daughter - a claim which we then as a family strongly defended, but after she has been diagnosed I am no longer sure if she was really not guilty
Expert:  Harris replied 1 year ago.

As long as she has mental capacity to understand the legal process the court will not take her illness into account regarding any divorce application by her.

However, her mental health issues and past issues you have stated can be used by you in relation to any applications or negotiations regarding arrangements for the children. Any application will only be in relation to the 13 and 15 year old as the courts will not deal with applications once a child reaches 16 years old.

I hope this has further assisted you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

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