Legal Question in Family Law in Ohio

Mentally unstable

Plaintiff seeking divorce Irreconcilable differences in state of Ohio. Defendant replied stating plaintiff is depressed and mentally unfit to make decisions of this kind since suffering a heart attack. The plaintiff attends school full time and is the fire chief within his community, as well as serving on several boards. Defendant claims depressed due to being constantly harrassed and followed by the defendant. The plaintiffs lawyer failed to advise client of the defendants response and claim and has since been fired and plaintiff is seeking new lawyer. What are the plaintiffs rights and what further steps should be taken to ensure his protection and rights are carried out and a divorce can be given. Also, should he have to submit to psychiatric testing without first consulting with new lawyer? Thank you.


Asked on 1/15/03, 5:40 pm

1 Answer from Attorneys
Aaron Miller Robert Aaron Miller Co., L.P.A.

Re: Mentally unstable

Second question, first. If there is a court order for a psychological/psychiatric evaluation then the order must be obeyed. Part of the discovery process provides for such an evaluation.

First, question. It sounds like you are in a heated divorce action. In order for your rights to be protected you should seriously consider immediate representation.

If you would like to speak further with me regarding this matter please contact my office, 740-342-1611.

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Answered on 1/15/03, 7:07 pm


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