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  1. #1

    Default Mentally Ill Spouse Filed for Divorce

    My wife has mental disorder and stopped taking medications 4 months ago after taking for 5 years.
    She thought she will be able to get off the medications, since they were making her very drowsy.
    In the meanwhile, she started going to retrospection and taking into account what happened between us, she filed for divorce citing emotional abuse when none had happened.
    I pleaded with her to withdraw her petition and she did.
    Now her condition has relapsed and she has agreed to be back on medications.

    Can I sue her attorney for him filing a divorce not knowing her state ? Can an attorney file for divorce without investigating the mental state of a person.
    How can i prevent her from filing again, Can I ask the court for a injunction or anything of the same ?
    Thanks

  2. #2
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    Default Re: Divorce Mental Illness

    Are you serious? Please tell me you're joking.

  3. #3

    Default Re: Divorce Mental Illness

    I am not joking, Can an attorney file a divorce for a person who has a mental disorder or should he have asked if she has one, before he filed for a divorce.

  4. #4
    Join Date
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    Default Re: Divorce Mental Illness

    Why is it his responsibility to assume every potential client may have a mental disorder and investigate whether they do or not?

  5. #5
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    Default Re: Divorce Mental Illness

    Quote Quoting petertheil56
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    Can I sue her attorney for him filing a divorce not knowing her state?
    Not successfully.
    Quote Quoting petertheil56
    Can an attorney file for divorce without investigating the mental state of a person.
    I very much doubt that an attorney would have cause to believe your spouse is mentally incompetent. I very much doubt that a doctor has ever made such a finding. Further, the lawyer owes you no duty.
    Quote Quoting petertheil56
    How can i prevent her from filing again, Can I ask the court for a injunction or anything of the same ?
    No.

    If your wife is mentally incompetent, you can petition to become her guardian. If not, she is an adult and she is free to hire lawyers and file for divorce as she chooses.

  6. #6
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    Default Re: Mentally Ill Spouse Filed for Divorce

    Quote Quoting petertheil56
    View Post
    My wife has mental disorder and stopped taking medications 4 months ago after taking for 5 years.
    She thought she will be able to get off the medications, since they were making her very drowsy.
    In the meanwhile, she started going to retrospection and taking into account what happened between us, she filed for divorce citing emotional abuse when none had happened.
    I pleaded with her to withdraw her petition and she did.
    Now her condition has relapsed and she has agreed to be back on medications.

    Can I sue her attorney for him filing a divorce not knowing her state ? Can an attorney file for divorce without investigating the mental state of a person.
    How can i prevent her from filing again, Can I ask the court for a injunction or anything of the same ?
    Thanks
    If she wants a divorce, she'll get a divorce.

  7. #7
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    Jan 2006
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    38,867

    Default Re: Divorce Mental Illness

    Quote Quoting cbg
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    Why is it his responsibility to assume every potential client may have a mental disorder and investigate whether they do or not?
    because depending on the level of illness, they may not be able to actually sue for divorce.

    and in at least my state, it is specifically asked of the parties in the forms one files when suing for divorce.

  8. #8
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    Default Re: Mentally Ill Spouse Filed for Divorce

    Being married to someone suffering from cognitive and memory misconceptions can be difficult to deal with. It is helpful if you have a support base she trusts that can help regulate her back to a normal reality when they become skewed. That does not mean you can stop her from generating bills like this unless she is declared incompetent and you her guardian.

  9. #9
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    Default Re: Divorce Mental Illness

    Quote Quoting jk
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    because depending on the level of illness, they may not be able to actually sue for divorce.

    and in at least my state, it is specifically asked of the parties in the forms one files when suing for divorce.
    But that's not what the poster is looking for. He wants it to be incumbent upon the attorney to CONDUCT AN INVESTIGATION into any and all potential clients' mental state before accepting them as a client, and that is NOT the attorney's responsibility. It's one thing if the potential client is clearly missing a couple of sandwiches from the picnic basket, but if they can present themselves effectively the attorney is not responsible to assume otherwise as a matter of course.

    And if the party answers that they are mentally competent and there is not clear evidence that it is not the case, the attorney does not need to assume otherwise.

  10. #10
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    Default Re: Divorce Mental Illness

    Quote Quoting cbg
    View Post
    But that's not what the poster is looking for. He wants it to be incumbent upon the attorney to CONDUCT AN INVESTIGATION into any and all potential clients' mental state before accepting them as a client, and that is NOT the attorney's responsibility. It's one thing if the potential client is clearly missing a couple of sandwiches from the picnic basket, but if they can present themselves effectively the attorney is not responsible to assume otherwise as a matter of course.

    And if the party answers that they are mentally competent and there is not clear evidence that it is not the case, the attorney does not need to assume otherwise.
    it is incumbent upon the attorney to conduct an investigation. The investigation may be nothing more than inquiring of the client whether they have ever been diagnosed with a mental illness but they do need to do so.

    Obviously if the person answers in the negative and the attorney has no reason to not believe them, then it goes no further but a wise attorney will be aware of a person's actions and if they appear to be unusual enough to question their mental health, investigate the matter to ensure they are able to defend themselves in the ensuing suit.

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