Skip to main content

Can my spouse sign a form for me to remarry? Weve been separated almost 2 years. Hes in a mental hospital.

Olympia, WA |

Started out with a DV case he went to jail now hes been in the hospital and their was a no contact order in place at the time.

Attorney Answers 3


  1. You can file a Summons and Petition for a Dissolution and (assuming your husband is competent) have your husband join in the dissolution. You may need additional pleadings if there are children or property to be divided. You can wait the statutorily required 90 days after the documents are filed and served and have a judge or commissioner sign your Decree of Dissolution. Then the marriage is dissolved and you may remarry.

    I recommend you consult an attorney to discuss the situation and the pleadings necessary.

    Peter J. Abbarno practices in the State of Washington; primarily in Thurston, Lewis, and Cowlitz counties. The response is limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. No response to any posted inquiry shall constitute legal advice, nor the existence of an attorney/client relationship. www.centralialaw.com


  2. He can sign anything he want to but that wont give you the ability to legally marry someone else. A note from your husband that its okay for you to remarry is a novel idea but it wont work, at least not in Washington State. You need to get a divorce to be able to remarry. Also, if your husband is in a mental hospital, it is likely that anything he signs would be invalid as he might not know what he was signing. Please consult a family law attorney right away.

    This is not legal advice.


  3. Your spouse has no power to authorize you to commit the crime of bigamy.

    If you want to marry someone else, you need to first dissolve your current marriage.

    If the court knows that your spouse is in a mental hospital, the court likely will appoint a guardian to look out for your spouse's best interest. You likely will be the one to pay the guardian.

    You should review the specific facts with your attorney to find out your legal options.

Divorce topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics