Motion for Mental and Physical Examinations in Divorce Proceedings

Illinois Supreme Court Rule 215 dictates the procedure for ordering mental and physical examinations of parties in divorce and other civil suits. Any party to the divorce may file the motion, but it must be supported by good cause and the condition of the party must be in controversy. This rule typically comes into play during the discovery phase and while it may usually be filed by opposing counsel, if the attorney representing the client believes that it’s necessary. The motion itself must give the name of a physician and their specialty for the court’s approval, which may come from the Illinois Courts’ pre-approved list.

Good Cause. To show good cause, the filing attorney must show that the examination would materially aid in the determination of the case. In In re Marriage of De Bates, the court granted the husband’s motion for the wife to undergo a mental examination to resolve conflicting evidence and to ensure the best interests of the child. In re Marriage of De Bates, 212 Ill. 2d 489 (2004). Following inconclusive findings by the wife’s appointed physician, a motion was granted allowing three examinations and alcoholism screenings. Id. at 497. While the exams in this case may have been granted for the purposes of allocation of parental responsibilities, exams may also be granted in cases of suspected diminished capacity, especially regarding an inability to manage financial responsibilities.

Condition in Controversy. For the condition to be in controversy, the condition must be relevant to the issues in the case and the exam must be reasonably expected to yield information pertinent to those issues. In re Estate of Stevenson, 44 Ill. 2d 525 (1970). The motioning party may illustrate this through placing the medical condition in claims and defenses; they don’t need to prove their case on the merits. Ill. Sup. Ct. R. 215. In a divorce, this may likely come up in a request for maintenance.

In conclusion, attorneys in Illinois may file motions for mental examinations of their clients when there is both good cause and the condition is in dispute. It is necessary, especially when the ability to effectively and efficiently manage one’s financial (among other) responsibilities is in question in divorce proceedings.