My fiancé and I have been together for 3 1/2 yrs. He's still married but been seperated for 4 yrs. His wife has been committed to a state mental hospital and not able to sign divorce papers. We want to get married within the next yr or 2. What can we do?
2006-10-13 13:51:10 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Shame on you ...he's not even divorced and your talking marriage doesn't it bother you that she's in a mental institution and your with her husband? how do you both sleep at night and as for him ...let him worry about that if he's so hot to marry you then let him move his butt if he must. if he wants it that much he will have to make it happen.
2006-10-13 13:56:22 · answer #1 · answered by baby girl 2 · 1⤊ 1⤋
Nothing anytime a spouse is confined to a mental institution or is severely mentally ill. The sane spouse is unable to divorce the crazy spouse because they do not understand what is going on.
Check with an attorney it may be different in your state. But looks like you cannot get married just yet.
2006-10-13 21:17:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
thats a tough one, as a rule, the state will not permit divorce from a mentally incapacitated person. he will have to find some way to guarantee her lifetime care to the court and see if that would permit him to divorce her. if the hospital is state supported, then tax dollars may cover her care. .. your fiance should consult an attorney to see what options are available to him ... if he cant divorce her, you might want to change your faith to mormon which permits polygamy, although, the state may not recognize your marriage. ... if there are no options available to you, then the only recourse is to live together as domestic partners until his wife passes away.
2006-10-13 21:50:20 · answer #3 · answered by casurfwatcher 6 · 0⤊ 0⤋
I don't know the rules of each state but in the state of Indiana it's a NO FAULT state and one can still file for divorce and take it to court. I'm sure the courts would still grant the divorce. You should talk to a lawyer and see what legal advise they can give you.
2006-10-13 20:56:38 · answer #4 · answered by candyzaqt 1 · 0⤊ 0⤋
Since his wife isn't mentally stable enough to sign legal papers, wouldn't someone have power of attorney for her? If so, couldn't they sign the papers? If not, perhaps your fiance could speak with her family members and suggest that someone be her power of attorney? Good luck to you both.
2006-10-13 21:08:19 · answer #5 · answered by grannyhuh 3 · 0⤊ 0⤋
He's going to have to find out if who is legally able to make those decisions for her now. He needs to start by going to the mental institution she's in and speak with the person over her case and go from there. They should be able to advise you all of what you need to do. Good luck!
2006-10-13 20:53:48 · answer #6 · answered by TNW22 3 · 0⤊ 0⤋
He should go take to a lawyer. There has to be some way to get the court to grant the divorce petition. If she is truly incompetent, it shouldn't be a problem.
2006-10-13 22:06:20 · answer #7 · answered by kcastillo1220 2 · 0⤊ 0⤋
Who is his wife's legal guardian? Check with her lawyer to find out. The guardian can sign for her, or at least attest to her state of mind.
2006-10-13 20:54:51 · answer #8 · answered by physandchemteach 7 · 0⤊ 0⤋
Maybe talk to a lawyer? There must be some way for him to force the divorce if his ex has no way to cooperate.
2006-10-13 20:53:28 · answer #9 · answered by bezsenný 5 · 0⤊ 0⤋
You can get a Dominican Republic divorce. Yes, you need to fly down there, but you don't need any her signature.
2006-10-13 20:55:46 · answer #10 · answered by Lioness 5 · 0⤊ 0⤋