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Other options to divorce for mentally Ill spouse

Commerce City, CO |

Can anybody out there tell me if there are any other legal options to divorce for a mentally sick spouse that provides financial stability . The bottom line is that I don't want to resort to this option. Neither does she when thinking clearly. I would prefer to take care of my spouse in a safe environment. This illness is not her fault but I'm using the law to fight the law which has no safeguards to prevent a mentally ill spouse endlessly filing for divorce and changing her mind which will leave us financially ruined. Guardianship doesn't prevent it either and would end up in a costly court battle. What about getting complete power of Attorney during a moment of clarity when agreement can be reached. It's seems mad that there is no provision for this kind of situation.

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Attorney answers 2


You can file a Petition for a Legal Separation. That allows for both of you to still be covered under the same insurance. You can try to get a durable medical power of attorney and durable financial power of attorney. However, given the contentiousness of the situation that you describe, that might only end up in litigation as well.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.



Thanks. Also even if my spouse agreed to durable power of attorney, medical or financial. I presume it would not legally prevent her from filing for divorce and also from revoking the power of Attorney if she so decided. She's not old and is highly functioning in certain respects, it's not an age related problem.


If you have not consulted with an attorney to discuss your options, you probably are at a point where you need to do this. The tragic part of your situation is that no one can control the actions of a mentally ill person who is acting out her illness for reasons only she understands. If she is truly not able to make rational decisions, you may wish to have a guardian or conservator appointed for her. A guardian can decide whether to pursue a dissolution of marriage and a conservator manages the protected person's funds.

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