divorcing an incapacitated person

[nickjames]

How does one go about divorcing a spouse who is incapacitated (brain dead) and currently under the guardianship of his mother? Is the divorce filed like any other in family court, or is the probate court going to be involved? Also, will the guardian have to sign off on anything? In this situation, we anticipate the guardian not being cooperative.

 

[stealth2]

For better, for worse.
In sickness and in health.

Oh, I forgot - just words.

Hopefully, someone else will be amenable to helping you.

 

[xylene]

forgot some words

For better, for worse.
In sickness and in health.

till death do us part


----

I think the medical fetish for re-animate corpses is an more of infraction of the spousal duties and rights.

This OP's situation is tradgic and only a lawyer will be able to adequately help him. Any other advice is just potential misdirection, and/or painfull barbs.

 

[stealth2]

till death do us part


----

I think the medical fetish for re-animate corpses is an more of infraction of the spousal duties and rights.

This OP's situation is tradgic and only a lawyer will be able to adequately help him. Any other advice is just potential misdirection, and/or painfull barbs.

No, I figured what I posted was ample. And.... I don't know what the OP's situation is - s/he never actually posted who this incapacitated person might be. Or if it's anything more than a hypothetical question.

 

[rmet4nzkx]

Obviously there is a reason the spouses parents are guardian and not the spouse. This person needs an attorney as the situation is far too complicated for an internet forum when we don't even know the state.

 

[nickjames]

The state this is in is Texas. I purposefully left out details so as to avoid any discussion on the moral side of this.

 

[BlondiePB]

Obviously there is a reason the spouses parents are guardian and not the spouse. This person needs an attorney as the situation is far too complicated for an internet forum when we don't even know the state.

The OP's other threads say TX. This will involve probate court and the guardian.

 

[rmet4nzkx]

The state this is in is Texas. I purposefully left out details so as to avoid any discussion on the moral side of this.

Then you will have to discuss it with a TX attorney.

 

[nickjames]

Do you think the probate court will have some kind of jurisdiction over the divorce case?

 

[rmet4nzkx]

Do you think the probate court will have some kind of jurisdiction over the divorce case?

That will depend on the facts you have chosen to withhold. Perhaps the probate court should appoint a GAL for the party, that would be a start.

 

[nickjames]

Excellent....

 

[BlondiePB]

Do you think the probate court will have some kind of jurisdiction over the divorce case?

Yes**************