QUESTION
I’m looking into divorcing my husband who’s been declared incimpeyent
Asked on Apr 28th, 2020 on Divorce - North Carolina
More details to this question:
I’ve been married to my husband for 28 years. Long story, but a high overview, he’s in the NC State psychiatric hospital since 2016. I am his Legal Guardian. I know my case is complex, but I’m hoping it’s been done before and an attorney can help me with divorce.
1 ANSWER
In NC, there are grounds for divorce based on insanity. The relevant statute is N.C.G.S. G.S. 50-5.1. For obvious reasons it does not happen very often. For example, I have been practicing family law for 26 years, and I have only handled one of those cases, so there are likely many attorneys who have never handled any at all. Basically, it can be done, and you should definitely make an appointment with an experienced family law attorney to discuss how to proceed in your specific case. I wish you the best of luck.
Answered on May 21st, 2020 at 8:11 AM
Kathy Richardson Richardson Law Firm, PLLC 2310 S. Miami Blvd, Ste 134 Durham, NC 27703 919-680-2300