Anderson & Boback Logo

Mental Health Evaluations in Divorce and Allocation Proceedings

Categorized as Child Custody & Visitation, Illinois Family Law

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.

Was this information helpful?

You May Also Like

What Is Child Support? Child support is the terminology used to describe the periodic or ongoing payments one parent makes to the other following a divorce to assist in raising their shared children. Child support is thus a combination of…

Wonder if your spousal maintenance is modifiable? This question was addressed in Scarp v. Rahman when the father in the case of sought to modify his maintenance obligation.  The trial court would not allow the modification so he sought an…

Birthdays are a big deal to kids - they usually get a party with their friends with cake, balloons, presents, and if they are lucky, a ball pit to jump into at Chucky Cheese! The day is all about them.…

Our firm represents a lot of military families and for the most part, handling a military divorce is just like any other divorce.  There are specific rules that need to be followed, however, and those parents in the military facing…

Changes to Spousal Maintenance Law in Illinois In 2019, a significant change in the tax code was made regarding maintenance, which resulted in spousal maintenance (formerly known as “alimony”, also known as “spousal support”) being tax-free to the recipient and…

Illinois has modified its statutes wherein parents are now allocated “parental responsibilities” and “parenting time” instead of “custody”.  The purpose of these changes was to try and give the parents less to fight over.  You can win “custody” but winning…

Anderson & Boback small logo

Download our Divorce Planning Guide today!

Get the information you need to prepare for divorce with our free resource Guide to Planning for Your Divorce.

What our clients are saying

Schedule a Discreet Consultation Today!

    Firm Overview

    Anderson & Boback is a highly-respected, experienced Chicago family law firm, skilled in negotiation and litigation. When divorce and other family law issues make your life chaotic and uncertain, you want your case resolved as quickly and fairly as possible. Call Now 312-715-0870