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I want a divorce from my wife who has been in a mental institution since 09/2001.

Oklahoma City, OK |
Filed under: Divorce

My wife, who self-admitted (at my behest or "I" would have had to sign her in) as of 09/2001, (the LAST serious "legal" act she performed before she totally lost what sanity she had left)

She has memory loss, (didn't remember me, at the time, nor do I now know if she does or not) hysterical paralysis, (now classified as conversion disorder) paranoid schizophrenia, borderline personality disorder and several more "minor" diagnoses like OCD, Bi Polar, Manic Depresssion and...oh hell, I can't be expected to remember her plethora of illnesses after 8 years.

I obviously "CAN'T" get her permission OR cooperation/consent, and I'm unsure of the legality or viability of success, on the grounds that she can't legally SIGN or comprehend ANY legal proceedings or documents, or be held to their binding nature. She literally CAN'T sign because of the paralysis. Maybe an "X", is all, if she could do that, but that certainly DOESN'T signify consent or comprehension.

She's been hospitlaized (since 09/2001 as I said) in another state (PA) and I reside in (OK). I literally haven't seen her (nor do I have any desire to) since 11/2001. There's no dependent children or marital assets, ie. property, bank accounts, IRA's/401K's of ANY sort, possessions of ANY material nature, etc., whatsoever to divide. NOTHING...LITERALLY!

My question then remains...

First, I'm in a state that's literally 1200 miles away...where do I file, PA or OK? If PA, why can't I do it where I currently reside? (and although I'm almost SURE I have to) do I have to post any notice or serve her?

Second, how do I address her (lack of) comprehension OF the binding nature of legal documents?

Third, it's obviously over, and has been so for quite a long time, even BEFORE her hospitalization. I have NOT seen her, or spoken to her, nor been involved in ANY of her care (or rehabiltation, if any, at all) literally since 11/2001. I have NO IDEA what condition she's in, or if she's improved or deteriorated, (nor do I really care), are there any backlash ramifications I need to worry about, and HOW do I, or how CAN I protect myself from any future litigation if she were EVER to regain ANY mental capacity? (not that there's any realistic chances of it happening as of my final visit and consultaton with her treatment team in 2001) I just want to cover my rear.

I have been in this predicament since, at a minimum of 2001 and it's been a severe detriment to my life and happiness.

Can I get ANY relief?

All I want is something uncontested and something where I don't have to incur additional expenses of travel or heartache. I truly did love this woman at one time, and don't care to dredge up old feelings, or HAVE to see her if I'm NOT required to. It's tantamount to additional (self inflicted I'm sure) emotional and mental battering if I do. I just want this to be as quick and painless as possible for the BOTH of us. Not that she'd remember, from day to day, anything that would transpire.

Lastly, can ANY of this be done in a self-service capacity, uncontested, or in a no-fault manner? Will I NEED legal representation? Yes, I know it's probably better to HAVE legal counsel (maybe present in a court if it has to go there), but do I NEED it?

There's more, but all of my additional details won't fit. I tried breaking it down in continued fashion, but I could only add one additional comment. I was not allowed to continue more than once and it exceeds the character limit. If you require the additional information, please leave a way to contact you and I will be glad to forward it. Either that, or someone needs to notify the owners of this site to change or lift the placed limits. Thank You

Attorney Answers 1


  1. the divorce could happen either place, but since you are going to bring it, it will have to be in Oklahoma, unless you can meet the residency requirements of the state where W is. You will need an attorney. She will need a guardian. You may want to discuss the matter with the staff of the hospital; they probably have seen more of these cases than any attorney has. I suggest you contact the Oklahoma legal referral service here: http://www.lrsok.com/ They can set up an initial meeting with an attorney for a small fee. You may also want to check with Legal Aid; they may be able to represent your wife for no fee or for a reduced fee. Good luck.

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