Can i get divorced if my spouse is mentally incompetent

The Court can appoint a representative(s) to look out for his best interests. Once that occurs, you may file and proceed with your divorce.

Because he is incapable of participating in the divorce on his own behalf, it sounds like it may be necessary for someone to be appointed as his guardian/conservator in the probate court, and that person would then step into his place for purposes of the divorce. Normally, you are the person who would have the "priority" to be appointed, but since that's obviously a conflict of interest, this role would have to be taken on by someone else willing to do so (e.g. a close family member). The process can take several months for a guardian/conservator to be appointed, so you may want to consider whether it is best to wait for a while to see if your husband's condition improves before taking that action. Either way, you are welcome to contact our office for a free initial consultation to discuss your options.

** This response is provided as general information only and does not constitute legal advice or otherwise establish an attorney-client relationship. **