My husband has not live together 10 years we lived in the same house now he is in a nursing home with dementia i want a divorce

Asked 10 months ago - Rocky Mount, VA

i have met some one and we want to get married

Attorney answers (4)

  1. Michael David Thomas

    Contributor Level 12

    1

    Lawyer agrees

    Answered . When there is a concern about the mental capacity of one of the parties, the Court will appoint a Guardian Ad Litem to represent them. This will be at YOUR expense. This attorney will be there to protect your husband's interests. You definitely need an attorney to help you through this process.

  2. Virginia C Haizlip

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You can file for divorce based on having lived separate and apart for over a year. The court will likely appoint a guardian ad litem to assist your husband since he is incapacitated.

    This answer is provided for general information purposes only and does not constitute an attorney-client... more
  3. Myra Chack Fleischer

    Contributor Level 12

    2

    Lawyers agree

    Answered . If he has dementia he does not have the capacity to participate in the divorce. You need to speak to an attorney about how to handle this.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more
  4. Tami Lane Augen

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Your state most likely has a statue that provides how you can obtain a divorce from someone without the mental capability of being involved. I would strongly encourage you to retain an attorney in your jurisdiction to assist you. Good luck.

    Tami L. Augen Rhodes

    This answer is for general informational purposes only and should not be relied upon for your particular case nor... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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