QUESTION
Should the divorce action be dismissed due to incompetency?
Asked on Jul 15th, 2013 on Divorce - California
More details to this question:
She is in mental hospital since February. She was diagnosed with epilepsy and bipolar disorder. She filed for divorce over her delusions. She is not competent to make rational decisions.
1 ANSWER
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you want the divorce leave it alone. She may need a guardian as litem appointed by the court to work in her behalf through the divorce process if she's not competent. If you stay married you could end up filing for Conservatorship if there's no power of attorney. See an attorney who does divorce and conservatorships.
Answered on Jul 16th, 2013 at 12:00 PM