QUESTION
How do I divorce my husband who has been abusive for years and now has dementia?
Asked on Mar 08th, 2013 on Divorce - California
More details to this question:
He is now in a posey vest in a nursing home. I never visit him and want to move out of state.
6 ANSWERS
John Arthur Smitten
IN FL there is a waiting period before you can file for divorce against an incapacitated person.
Answered on Mar 11th, 2013 at 8:31 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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In many states, including California, it is still possible to file for a dissolution of marriage based upon mental problems of the other spouse. You can just file a petition for dissolution of marriage based upon either irreconcilable differences or mental problems.
Answered on Mar 11th, 2013 at 8:22 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Thank you for the important question. You need to hire an experienced family law attorney like me. We have experience with your type of case. A petition for dissolution of marriage would be filed. It may be that a guardian will be appointed for your husband. The guardian will participate in the divorce on behalf of your husband.
Answered on Mar 11th, 2013 at 7:53 PM
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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There really is no problem to divorcing him as it is the same exact procedure whether or not he is competent. Moreover, you do not have to wait until the divorce is final before moving away. Contact a local family law attorney for assistance.
Answered on Mar 08th, 2013 at 11:06 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Does he have a guardian? If so, sue for divorce and serve the guardian. If you are the guardian, you will have to resign and have another guardian appointed. But before you do that, double check with your accountant or other financial adviser to make sure that it is in your best interest to be divorced.
Answered on Mar 08th, 2013 at 2:55 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Talk to an attorney about the pros and cons of divorcing him and getting a guardian ad litem for him. He will probably need a guardian ad litem appointed for him as it doesn't sound like he is capable of participating in the divorce process.
Answered on Mar 08th, 2013 at 2:45 PM