Can I Get Divorced if My Spouse is Incompetent?

 Posted on July 15, 2024 in Divorce

Legal competence can be an issue in certain divorce cases, like when the parties are both senior citizens or when one spouse has a severe mental illness. In Michigan, it is possible to divorce a spouse who is not legally competent to respond to a complaint for divorce on his or her own. Otherwise, people could become unwillingly trapped in marriages to spouses whose severe mental or physical health conditions render them unable to meaningfully participate in a marital relationship. However, divorcing a legally incompetent spouse can be a little complicated. The court will need to appoint a guardian ad litem for him or her. If you are seeking a divorce and your spouse is unable to handle the proceedings on his or her own behalf, you will need a Novi, MI divorce attorney who is experienced in this type of divorce.

Gray Divorce and Competency Issues 

If your spouse is suffering from Alzheimer’s or dementia to the point where he or she must be cared for in a nursing home or sometimes no longer knows who you are, your marriage is effectively over no matter what. It is very understandable if you choose to get divorced so that you can have the freedom to remarry or to protect your assets from being consumed by your spouse’s care needs. This can be an emotional decision as well as a practical one.

If your spouse is no longer competent, he or she needs a legal guardian to represent his or her interests in the divorce. These divorce cases are often amicable, as you likely do want to ensure that your spouse has the resources he or she needs without sacrificing your ability to care for yourself.

Divorce and Severe Mental Illness 

Staying married to someone with a serious and unstable mental illness like schizophrenia can be unsafe and unreasonably difficult. Getting a divorce may be the best option. If you have children, this may be one of the rare situations where sole custody is in the best interests of the children. A parent who is not competent to care for himself cannot safely care for children and may be harmful to them.

Your spouse will have a guardian ad litem in addition to his or her lawyer. In some cases, you might be asked to pay spousal support, especially if you were married for a long time before your spouse’s mental illness took over. Your lawyer will work to ensure that you still have the resources you need to provide for yourself and your children.

Contact an Oakland County, MI Complex Divorce Lawyer 

Elkouri Heath, PLC understands the emotional aspects of divorcing a spouse who has become legally incompetent. Our experienced Novi, MI complex divorce attorneys have been meeting the family law needs of Oakland County residents for more than 25 years. Contact us at 248-344-9700 for a complimentary consultation.