I have been involved with a Gentleman who is 71 yrs old for the past 8 years. His wife is in a Nursing Home after 2 brain Aneurysms with a diagnosis of Frontal Lobe Dementia and will never recover or be released. Is it possible for him to get a Divorce? They have been married 49 years.
2 Answers from Attorneys
It is possible but not easy. The wife must be declared incompetent in a guardianship proceeding. Then the husband must wait 3 years before filing for divorce. If the husband was appointed as guardian of the wife then the husband must also get permission from the court before filing for divorce he must also serve notice of the divorce proceeding on the wife's nearest blood relative to they have the opportunity to defend on behalf of the wife. The wife is also entitled to receive alimony if the divorce is granted.
Yes-it is possible but difficult as explained in a previous answer.
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