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Wife is trying to get guardianship over me

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thomascald

Junior Member
What is the name of your state (only U.S. law)? Michigan
I want to get a divorce from my wife, I left her in June. Trying to save some money to pay for the divorce, in the meantime she has filed a petition for guardianship saying that I am mentally incapacitated. Now my family and friends know that this is not true. My day in probate court is scheduled for September 14th. She has an attorney, but I don't. I looked up what the standards are for being mentally incapacitated and I don't have any of those standards. I work almost full-time and go to school. She also involved my parents by having them as interested parties. All I want is a divorce so I can get on with my life. What can I do to make sure she doesn't get guardianship?
 


anteater

Senior Member
What can I do to make sure she doesn't get guardianship?
Show up and demonstrate that you are not incapacitated?

From what I understand, the court should be appointing a guardian ad litem to represent your interests.
Once a petition is filed with the court, the court must appoint a guardian ad litem to represent the interests of the alleged legally incapacitated person. It is the duty of the guardian ad litem to visit the subject of the petition, to advise the subject of the petition of the rights they may have, to discover what position the subject of the petition may be taking regarding the petition and to make a determination as to what action would be in the best interest of the subject of the petition.
http://courts.co.calhoun.mi.us/note0043.htm
 

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