Mental Health and Divorce

Divorce is not just a legal process dissolving a couple’s partnership—it is sometimes an emotional journey that involves the mental health of everyone involved. The mental and emotional well-being of divorcing spouses and their children must be addressed in some situations before the divorce can proceed productively.  The key to ensuring the divorce process moves forward without delay, sometimes requires that mental health is addressed first, so that the parents can reduce conflict, minimize trauma, and focus on the long-term family dynamics.

The Importance of Getting Emotional Support from a Counselor

Divorce often brings feelings of grief, anger, betrayal, confusion, and loss. Seeking emotional support from a licensed mental health counselor or therapist can provide a constructive space to process these feelings. Attorneys can be expensive, while counselors might provide services that are covered by insurance, so determining whether a counselor might help you in a divorce is important to do at the beginning of the case. 

There are many types of counseling that you should be aware of: individual, family, and co-parent counseling.  In Florida, many family courts encourage or even mandate family therapy or co-parenting counseling as part of the divorce process, especially when children are involved and it is clear the family is struggling.  Therapists who specialize in divorce or family issues can also guide parents through emotionally charged decisions, improving outcomes for the entire family before they land up in the courtroom.  For some of the more complicated family dynamics, an established counselor may help the Court determine what is needed for the child on a temporary basis before a Guardian Ad Litem is appointed.  This can prove vital in situations where one parent does not want to acknowledge or address the issues the child may be experiencing while processing the divorce.   

Florida Statute Concerning Counseling for Children and Parental Consent

Parental consent has been a long-standing argument for many families dealing with a divorce.  One parent believes the child needs therapy; the other parent disagrees.  Parents may disagree for the children to participate in counseling for a variety of reasons—perhaps they do not believe it will help the child, they do not have the money, or maybe they are concerned about the topics that will be discussed during therapy.  Regardless of the parent’s objection to mental health treatment for the child, the Florida Legislature found in 2023 that the mental health of the children was important enough that only one parent was required to obtain mental health treatment for the child, rather than two.  For family law practitioners, this change was much needed for the children of divorce so that they could begin healing without having to wait for both parents to align on this topic. 

Now, Florida Statute 61.13 provides that either parent may consent to mental health treatment of the child, and children may obtain care with the permission of just one parent.  The problem for many families now is that some mental health professionals STILL require the permission of both parents, and many will not provide care unless both parents consent.   The parent must then search for a mental health professional that will provide care with only one parent’s consent, or submit the issue to the Court to order mental health treatment for the child.  Find out from the beginning if the mental health professional will treat your child without the consent of both parents. 

Insurance Companies and Mental Health

Mental health services can be expensive, but many health insurance plans in Florida provide coverage for counseling. However, this coverage often comes with limitations, particularly in divorce-related cases.  Typically, the health insurance coverage only provides for 6-12 sessions per year, and then you must pay the full hourly rate thereafter.  One of the biggest issues for families of divorce is that parents will only agree to the insurance provided mental health care, and they will not agree to pay out of pocket, regardless of the need of their children.  When this happens, the Court should be involved so that they can order continued mental health care for the child regardless if a parent believes they cannot afford it. 

Scheduling Appointments with the Other Parent and How to Do That Effectively

Co-parenting with another parent during a divorce can be difficult, and scheduling counseling sessions even more so.  Before a parenting plan is entered, the parents will typically struggle in scheduling appointments because their own schedules are vastly different.  Keep a record of your communications with the other parent and send them an email with the available appointment times and dates of the counselor.  Ask that they respond within 24 hours of all available dates and times they have on the list you provided.  If you get no response, continue to try and coordinate—your attempts will later become evidence in court proceedings, and will give the Court a reason to potentially give one parent the authority to schedule appointments unilaterally without the need for consent from the other parent.

What You Can Do

Depending on the mental health issues affecting your family, know that there are options for you and family members while you navigate the divorce.  Prioritizing your mental health and that of your children is key while you deal with one of the most trying times in your lives.  Remember, not all mental health professionals have experience with divorces, and not all mental health professionals will meet your needs.  Carefully research your mental health professional and find the one that works for you and your family.  If you are going through a divorce in Florida, Brusca Law can help you determine what types of counselors may be right for you and how to implement them in your divorce.