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Very confusing situation.

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Confuzzeled

Junior Member
What is the name of your state? Arkansas
I am married and my wife and I have mutually decided on a divorce, that's about as clear as it can get.
The confusing part is this, my wife has a mental illness that incapacitates her from time to time. and right now is one of those times. In the midst of this her sisters have filed for Gaurdianship, over her as a person and her estate. The problem is that her estate is my estate since we are married. We are in complete agreement about who is to get what and such. I envisioned us having as peaceful a divorce as could ever be. For once we actually agree on something, the end.
I don't really want to get involved in the guardianship proceedings but I have to because our "estates" are intertwined. What I want to do is allow the guardianship to proceed but protect myself as well. I spoke with a local attorney and she made it about as clear as mud. The only assett we have from the marriage is our home and a few other possesions. The concerns I have are, if her sisters actually get this, can they stop me from getting a divorce? Can they make me pay some form of spousal support? Can they fight for the house, which we have agreed she can't afford and since we only bought it 2 years ago and financed 100% we have virtually no equity in?
I want to do what is right and not get caught up in the drama that her family usually has interlaced through out. The attorney I spoke with today said that since I was her husband I could file a petition for guardianship and that would be granted unless they could show some form of abuse by me agianst her. They can't do that but I also don't believe I should be appointed her guardian when I plan on divorcing her, it just aint right to me.
While I do believe she needs someone to help her at this time, she will not be incapacitated forever. In fact this is all likely not to happen at all cause when she recovers from her current episode there will not be any grounds. Which brings up another point, they did not petition for temporary gaurdianship, they petitioned for permanent gaurdianship.
If anyone has information that could help, please let me know.
I don't hate my wife, it's quite the opposite, I love her. We have spoken at great length and we both realize that we made a huge mistake in getting married. We moved to fast, got caught up in the relationship and didn't have a clue who the other one was. We got married and quickly realized that we are completely incompatible as husband and wife. We don't have any kids together, and have fought constantly for almost 5 years now. She is a wonderful person who I admire dearly and have worlds of respect for, we just can't function as a couple. I want to do right by her and not get caught up in all of this at the same time.
I plan on contacting the attorney that her sisters have retained and telling him my situation. I am going to tell him, if they would be willing to ammend the petition so that it excludes any marital assetts from her "estate" they will be in charge of I will not file a petetion to stop this. I furthur intend to tell him that if she fights this guardianship I will testify on her behalf to stop it. Cause I believe that she needs the help now but not all the time and I think they should only be seeking temporary guardianship, not permanent. I am also going to offer to help pay the attorney fees for her son to fight this as well, he is 18 and has as much right to be involved in this as me or anyone else.

I sure hope someone can help me with this.

Thanks

Confuzzled.What is the name of your state?What is the name of your state?
 



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