Psychological Evaluation in Divorce In Wisconsin

What Is A Divorce Psychological Evaluation?

Legally reviewed for accuracy by Attorney David Iancu

The information provided does not, and is not intended to, constitute legal advice. Talk to a lawyer today for legal advice

We frequently encounter clients who question their spouse’s sanity during the divorce process. While many of these clients allege that a spouse is insane and irrational, many of these allegations stem from the heightened emotions and stress of separating their lives. However, some claims of insanity may warrant more serious investigation. In certain cases, a spouse’s behavior may raise legitimate concerns, especially if there are children involved, that prompt a Wisconsin divorce court to request a psychological evaluation.

This evaluation aims to assess the mental health of the spouse in question and its impact on that spouse’s parenting, earning capacity, overall functioning, and ability to make decisions. It’s important for all parties involved to approach these matters sensitively and understand the legal and psychological complexities that may arise during the divorce process.

You may be wondering what is a divorce psychological evaluation. If you are going through a divorce and have concerns about your spouse’s mental health, it’s important to address the matter. This is especially true if their behavior is affecting their parenting ability or posing risks to your safety or theirs. If you are having serious concerns, you should ask one of our Wisconsin divorce attorneys about requesting a Psychological Evaluation. This evaluation is a series of tests administered and interpreted by a licensed psychological expert that is intended to provide the court with information about whether your spouse’s mental health could negatively impact their ability to parent, to become or remain employed, or to make their own decisions during the divorce process.

If the court grants your request, your spouse will be ordered to undergo a psychological evaluation conducted by a licensed psychologist. This professional will review various factors, including: 

• Any history of mental health treatment
• Any current or previous substance abuse
• Past and current mental health diagnoses
• The relationship between you, your spouse, and the children 

If a psychological evaluation is requested during a divorce, a licensed psychologist may utilize several types of tests to assess mental health and personality. Some of the common tests include:

• Rorschach Inkblot Test – Involves interpreting inkblots on cards, though its subjectivity means many experts view it with skepticism.
• Millon Clinical Multiaxial Inventory (MCMI-3) – The person answers 175 true/false questions to identify personality disorders.
• Minnesota Multiphasic Personality Inventory (MMPI-2) – This test evaluates cognitive functioning and identifies psychological disorders.
• Thematic Apperception Test (TAT) – This may be a part of a psychological evaluation and requires respondents to interpret 31 black-and-white images, revealing insights about personality.
• Ackerman-Schoedorf Scales for Parent Evaluation of Custody (ASPECT) – This comprehensive test includes MMPI-2, IQ testing, interviews, and parts of the TAT.
• Bricklin Perceptual Scales (BPS) – This is an evaluation that focuses on the child’s perception of each parent through questions, storytelling, and picture drawing.

It’s important to note that while tests like BPS and ASPECT have faced criticism for their validity, they may still be part of the evaluation. The psychologist decides which tests to administer. However, the court will decide whether those tests and their results can be admitted as evidence in your divorce.

How Will A Judge Use A Divorce Psychological Evaluation

It’s important to understand that a court-ordered psychological evaluation does not carry doctor-patient privilege in Wisconsin. If you are ordered by a judge to undergo such an evaluation, remember that the psychologist’s role is not to provide you with treatment but to assess your mental and emotional health, as well as your ability to take care of your children and yourself. Anything you share during the evaluation will be included in a report filed with the court, which both the judge and your spouse will be able to review. 

In most cases, the psychologist’s report is just one of many factors the court will take into consideration when determining support obligations between spouses or the custody and placement of children. The court will weigh the psychological evaluation alongside other elements, but most importantly, the child’s best interests and the case’s overall circumstances. If you are concerned that your spouse’s mental health or behavior could endanger your children, it’s essential to inform one of our divorce lawyers at Karp & Iancu while we are handling your case. We can guide you through the process and ensure the necessary actions are taken.

Don’t Request A Psychological Evaluation In Divorce Unless You Are Willing to Accept the Results (and Undergo an Evaluation, too!)

It’s not uncommon for one spouse to accuse the other of being mentally unstable during a divorce to gain an advantage in a custody dispute or while dividing assets. However, these allegations can sometimes be exaggerated and often stem from tense discussions or disagreements during the divorce process. That’s why it’s essential to use caution when making allegations questioning the other spouse’s mental state. If you request a psychological evaluation and the report returns favorably for the other spouse, it could backfire on your original plan and provide them with strong evidence to support their custody or time-sharing requests during the divorce process.

It is also very common for the court to order BOTH parties to undergo a psychological evaluation–even if only one party requests it. So, if you request that your spouse undergo a psychological evaluation, you should be prepared to undergo one, too.

Because of this risk, psychological evaluations should only be requested in cases where there is clear and substantial evidence that the other parent’s mental health poses a serious danger to the safety and well-being of the children or themselves. Misusing a request for a divorce psychological evaluation can harm your case and damage the court’s perception of your claims, so it’s best reserved for situations where a parent’s psychological condition truly endangers their children or themselves.

Contact Our Team To Learn More About Divorce Psychological Evaluations

If you have any questions or are considering filing a Motion for Psychological Evaluation during your divorce, don’t hesitate to contact our team at Karp & Iancu. A skilled Wisconsin divorce lawyer from our firm will review your case and help you determine the best course of action to take, including the pros and cons of requesting a psychological evaluation. We’ll provide you with all the information you need to make an informed decision, making sure that your rights and your children’s best interests are protected throughout the process.

Contact us to book a strategy session with one of our award-winning family law attorneys in Wisconsin to discuss your concerns and develop a divorce or child custody plan tailored to your needs. From start to finish, our legal team will be by your side, supporting you and working toward a final resolution that protects your rights and the well-being of your children.

Discuss Your Case with a Wisconsin Divorce Lawyer

If you’re facing a divorce in Wisconsin, you might have some concerns about your future after the divorce. Your former spouse may not be on good terms with you, so you’re worried about keeping your case fair. That leaves many people asking, “What am I entitled to in a Wisconsin divorce?”

While you may know you need to take a look at the above issues, you might not be sure how to address them, especially if your spouse is a threat to your safety. In these cases, you may need to talk it over with a lawyer, like the ones at Karp & Iancu, S.C. Our attorneys can help you navigate your Wisconsin divorce when you call 414-453-0800 or when you complete the online form below.