QUESTION

How can one proceed in dividing assets with a mentally ill partner who's not willing to participate?

Asked on Nov 17th, 2012 on Divorce - Florida
More details to this question:
My parents are going through a divorce and I'm representing my mother who's not proficient in English. My father suffers from a very severe form of bipolar disorder has gone through 3 different attorneys and now represents himself. It has been so costly to keep paying attorney fees and court costs on my end trying to keep up with his episodes. Our attorney advised us to try and settle assets with him and have it notarized to cut cost and salvage assets. Attempts to resolve this matter has proved unsuccessful as makes unrational demands and continues to stall the process. We have a failing business at stake but I cannot afford to pump more of my own money into it without knowing the outcome of the divorce. How can I help them expedite this process and divide the assets with only one capable and willing participant? I'll do everything I can to make sure my parents are taken off but Because of my father’s manic episodes I'm afraid there will be nothing left to ensure their livelihoods.
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8 ANSWERS

Get an attorney to help you. Get a hearing to set a trial date to end the case.
Answered on Apr 30th, 2013 at 3:28 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Consult with the attorney, it would be inappropriate for attorneys who do not know all of the facts to comment.
Answered on Nov 21st, 2012 at 6:11 AM

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Family Law Attorney serving Santa Ana, CA at Law Office of Rhonda Ellifritz
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Set it for trial, don't worry about wasting time negotiating with a difficult person.
Answered on Nov 21st, 2012 at 5:48 AM

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Dennis P. Mikko
Your mother's attorney should file a motion with the Court to advise the Court of the situation at hand and ask that the matter be set for trial without further delay.
Answered on Nov 21st, 2012 at 5:46 AM

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In Washington you can't "represent" your mother unless you're an attorney; your father needs a guardian ad litem.
Answered on Nov 20th, 2012 at 10:53 AM

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Unless your father's condition is severe enough for him to require a conservatorship then the suggestion to try and settle quickly is probably the best. You should consult an attorney who handles conservatorships to review all of the facts and advise you.
Answered on Nov 19th, 2012 at 6:34 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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You need to get your answers and advice from your attorney because he is the only one with knowledge of the current situation and the law of the state where this case is ongoing.
Answered on Nov 19th, 2012 at 6:08 PM

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You have an attorney. I suggest you use your attorney for all this information, advice and guidance. That is exactly what you are paying attorney fees for.
Answered on Nov 19th, 2012 at 5:58 PM

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