Mental Health Evaluations in Divorce and Allocation Proceedings

Parties who are separating often refer to the other party as “crazy”. When you are living in a situation when you are constantly not getting along with another person, it is easy to throw these types of comments around about the other person. However, differing opinions and values doesn’t necessary mean the other party has something wrong in a mental capacity. In the event that they do, in fact, have something wrong with them, Illinois Supreme Court Rule 215 does allow for a mental health evaluation of that person.

Often if one party requests a mental health evaluation over the other party, the party who is to receive the evaluation will ask that it be mutual. Sometimes this is granted, other times it is not, but it is a good idea to be prepared to have to submit to a mental health evaluation yourself if you are going to request one be done on the other party. Additionally, the rule provides that the person requesting the evaluation has to reimburse the person receiving the evaluation for numerous expenses, including but not limited to transportation costs for going to see the evaluator. This is not an inexpensive process and it is not meant to be taken lightly. It is typically reserved for only the most severe situations, but it is a tool that can be utilized when the case calls for it.

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