Insanity as a Defense in Divorce

Insanity has played a variety of roles in the defense of divorce cases. In general, courts have held that an act committed by a spouse as a result of that spouse's insanity does in and of itself provide grounds for divorce or separation. This presumption has changed recently in states which have abolished traditional guidelines in favor of "no-fault" divorce. In those states where the only grounds for divorce need be that the marriage is "irretrievably broken," insanity does not constitute a defense.

An Assortment of Charges

Desertion

When desertion is sited as the grounds for divorce, it has been held that insanity at the time of desertion will cause dis-allowal of the divorce filing, since desertion must be willful. The courts have returned differing opinions where the spouse becomes insane at some point during the desertion. If the onset of insanity occurs once the period of desertion has expired, it will not stand as grounds for divorce.

Cruelty

Some courts have recognized insanity as a valid defense to a charge of cruelty in a divorce action, if the acts of cruelty were attributable to the insanity. The reasoning here is that the insane party is not responsible for the acts. There have been occasions, however, when a court has countermanded this view, holding that insanity cannot prevent the granting of a divorce petition filed on grounds of cruelty. Insanity that sets in after the acts of cruelty does not qualify as a viable defense for cruel behavior.

Ground of Indignities

Several cases have held that insanity is a valid defense in a divorce filing based on the ground of indignities, with the court holding that an insane individual is incapable of the "settled hate and estrangement" which is the core of the indignities charge. However in the instances both of cruelty charges and indignities, divorces have been barred where the plaintiff failed to prove that the defendant's insanity was permanent.

Neglect

Insanity has been found to be a valid defense for the charge of neglect if the insanity was active at the time the neglect occurred. Divorce filings on this ground have been found to be acceptable, however, in instances where the insanity set in after the neglect had occurred. Neglect which follows the recovery from insanity has also been found to be legitimate grounds for divorce.

Prolonged Separation

In cases where prolonged separation has been cited as the cause of divorce, some courts have held that insanity precludes the validity of this charge because the separation cannot be found to be voluntary. In other cases, however, it has been found that separation need not be voluntary, or need be voluntary in the case of one spouse only so that the insanity of the other spouse does not qualify as a defense. Insanity has been found as a qualified defense against charges of adultery and habitual drunkenness, again if the insanity and the acts of marital violation are related.


Insanity as a secondary factor has played a number of roles. One divorce was set aside when it was found that the defendant was incapable of understanding documents he was signing. Because of statutory protection, insanity has barred divorce cases even when it was not cited as a cause of action.