QUESTION

Can one divorce someone with dementia

Asked on Jan 22nd, 2026 on Divorce - Virginia
More details to this question:
My husband has been in dentist care for over two years and would like to move on with my life. Iโ€™m not looking to stop taking care of him financial or emotionally but just want to be able to start a new relationship.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
The answer is yes, you can divorce someone with dementia.  The way we do this is to have a Guardian ad Litem appointed to protect your husband's interests.  It's the same process we use all the time with spouses who are incarcerated and therefore also legally incapacitated.  The GAL is another lawyer who is appointed by the court and will do what they believe is in your husband's best interest (not necessarily what he says he wants - like lawyers representing clients are required to do).  This does not mean they can stop the divorce; you will still be able to divorce him.  It might just take a little longer than usual, since the GAL needs an opportunity to look into the situation.  You woudl be responsible for paying for the GAL as well as your own lawyer.  One complication may be who is going to manage your husband's share of any marital funds or assets and these would probably need to be set up in trust for him.  You may need to seek guardianship and conservatorship, if you have not already, which you may have been able to get away without, being his spouse, but probably not as an ex-spouse.  As you can see there are going to be many layers complicating this.  Many people simply date before they are officially divorced and while adultery is technically still a crime in Virginia it is almost never prosecuted.  So while I would not be able to advise you to break the law I can tell you that in this instance it would definitley be the easier path.  I'm pretty sure God and any other judges would understand. 
Answered on Jan 24th, 2026 at 7:39 AM

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