Legal Question in Family Law in Missouri

Divorcing someone who is incapacitated/severely handicapped

Where can I find the specific laws on divorcing someone who has become incapaciatated after divorce proceedings have already begun?


Asked on 11/22/97, 3:26 pm

2 Answers from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Divorce After Incapacitation

I am not an attorney in the juridictions of your request. However, I am sure you can find the laws on this issue in the state statutes that are found in law libraries. You should realize that the state in which I am involved has statutes to cover this issue. Medical documentation is needed and the court will appoint a guardian to protect the interest of the incapacitated person. The laws vary from state to state and need to verified. I suggest you contact an attorney in the state in which you are interested. If you are merely researching this issue I recommend that you do the research in the law library.

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Answered on 11/24/97, 8:02 am
Robert Friend Robert H. Friend, Attorney at Law

Divorce - Incapacitation

I don't know about the law in your state, but you should go and look up the statutes involved. They may be available in your local public library. In N.C., I believe that the judge would require that a Guardian Ad Litem be appointed for and incompetent person. Look under Divorce, Incompetency, or something like that.

You are wise to make sure that you do this right, otherwise the divorce may be invalid. Is this a do-it-yourself divorce? If so, it may be time to hire an attorney.

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Answered on 11/24/97, 7:46 pm


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