More details to this question:
My mom has dementia. Another family member has guardianship of her because I live away from her. My dad wants to divorce but the guardian says she refuses to ever sign the papers. Is he obligated to help pay for her care if they divorced? They are married almost 49 years she deserves it not the other woman.
9 ANSWERS
If your Dad resides in Michigan, he can get a divorce without your mom's or her guardians consent. If he files for divorce, your mom, or her guardian, will need to retain an attorney to safeguard her rights. She is entitled to a reasonable property settlement and, probably, some kind of alimony.
Answered on Feb 13th, 2013 at 4:23 PM
Your dad can file for divorce. The guardian does not have to sign anything. She simply has to be served with the divorce papers and move forward from there. Warn your dad, however, that he might be paying spousal support to the guardian for the wife's care for quite a while. Pleases talk to a family law attorney in your community to get a more specific answer on this problem.
Answered on Feb 13th, 2013 at 4:22 PM
I am sorry to hear about the current situation. Your dad could file for divorce, and your mom, through her Guardian, could seek alimony to cover her care.
Answered on Feb 13th, 2013 at 4:21 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He can file for divorce. He should be ordered to pay spousal support. In California she doesnt have to sign the papers, just be served with them for the divorce to proceed. If she has dementia, a conservatorship may be necessary.
Answered on Feb 13th, 2013 at 4:21 PM
Yes, it is possible for your father to obtain the divorce. It is also possible for him to be ordered to contribute to your mother's support and care as a part of the final decree of divorce.
Answered on Feb 12th, 2013 at 3:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He can divorce but will most probably have to continue to assist in support of your mother.
Answered on Feb 12th, 2013 at 3:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can still sue for divorce and let the judge decide. The guardian may be saying no just to protect him or herself.
Answered on Feb 12th, 2013 at 3:58 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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He can file for divorce but she is entitled to alimony and half assets in property settlement.
Answered on Feb 12th, 2013 at 3:58 PM
John Arthur Smitten
Eventually yes however there are special protections involved for the disabled person. You need a lawyer for this.
Answered on Feb 12th, 2013 at 3:57 PM