Results 1 to 6 of 6
  1. #1

    Default How to File for My Own Divorce when Spouse is Legally Incompetent

    My question involves a marriage in the state of: Virginia

    My spouse is legally incompetent and her parents are her legal court appointed guardians. I want to know how complicated it would be to file for my own divorce as I found out it would cost me $2000 or more with the help of a lawyer. How long would the divorce process take if I filed myself and my spouse's guardians are willing to sign the papers? Could someone possibly help walk me through this process, or even recommend a lawyer who will help with my divorce for less than the $2000 I was quoted? Thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to File for My Own Divorce when Spouse is Legally Incompetent

    Quote Quoting alfonzoholland
    View Post
    My spouse is legally incompetent and her parents are her legal court appointed guardians.
    How and why is she legally incompetent and why were her parents appointed guardians by the court? Those are important questions because there are various levels of incompetency. Is she in the advanced stages of Alzheimer's? Something similar where she is not cognizant of what's happening to her?

    Because anything short of mental failure is going to require you to file and serve her just as if she were not mentally incompetent.

    For that you can find numerous guides and forms at your Virginia court website.

    Meantime, here's a couple of articles about divorcing a mentally incompetent spouse:

    http://blogs.psychcentral.com/wellne...rom-an-expert/

    http://www.divorcesource.com/researc.../97mar52.shtml

    And, no, nobody here is going to walk you through the process as that would be legal advice and we can't do that nor can we refer to specific attorneys. For that you'll have to just keeping making phone calls. But do a little research into the process. The more you know the less your attorney will have to do for you.

  3. #3

    Default Re: How to File for My Own Divorce when Spouse is Legally Incompetent

    Her parents did not want us to be married, so they became her legal guardians. We haven't lived together in more than five years. I believe she has a slight mental disability but she is able to drive a car and has a job. I'm wondering if I'm able to get an annulment even though it's been more than two years, because that seems like it would be a whole lot easier than a divorce.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to File for My Own Divorce when Spouse is Legally Incompetent

    alfonzoholland;883461]Her parents did not want us to be married, so they became her legal guardians.
    a court does not appoint a guardian for an adult person without medical evidence it is appropriate. Unless she was deemed incompetent by a doctor and subsequently the court, the court would not appoint a guardian.

  5. #5

    Default Re: How to File for My Own Divorce when Spouse is Legally Incompetent

    Ok, here's what happened. Her parents took her away from me and had a "lawyer" come and talk to me and tell me we were no longer married. Then I got a letter saying there was a court hearing but I couldn't attend as I had work. When I called to ask about the hearing I was told it was none of my business and that we were no longer married. Again, this was years ago. I found out within the past couple years that we are in fact still married, confirmed with the courthouse that we are married and that her parents are her legal guardians. So now I just want to move on with my life and I have to deal with this legal headache. I just want to get divorced as quickly and easily as possible but also as cheaply as possible and $2000 is just too much.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: How to File for My Own Divorce when Spouse is Legally Incompetent

    Quote Quoting alfonzoholland
    View Post
    Ok, here's what happened. Her parents took her away from me and had a "lawyer" come and talk to me and tell me we were no longer married. Then I got a letter saying there was a court hearing but I couldn't attend as I had work. When I called to ask about the hearing I was told it was none of my business and that we were no longer married. Again, this was years ago.
    Get yourself down to the courthouse and get a copy of that guardianship case file. Get copies of every scrap of paper in the file. Then take it home and review it. You need to first confirm that there actually was a legal guardianship and then to what extent they have guardianship and why.

    Quote Quoting alfonzoholland
    View Post
    I found out within the past couple years that we are in fact still married, confirmed with the courthouse that we are married and that her parents are her legal guardians. So now I just want to move on with my life and I have to deal with this legal headache. I just want to get divorced as quickly and easily as possible but also as cheaply as possible and $2000 is just too much.
    Considering what you have already recounted you might just have to divorce her in the same way as anybody else gets divorced and there are plenty of DIY divorce forms and instructions, possibly even on your family court website. Again, depending on the extent of her incompetence, or lack thereof (which will be revealed by her case file) you may need only serve the petition on her personally and not have anything to do with her parents.

    I'm not sure an annulment is as simple as you think. It's addressed in the following statute:
    https://leg1.state.va.us/cgi-bin/leg...00+cod+20-89.1

    The statutes referred to in that section can be found using the same website.

    With an annulment you have to prove (with evidence) this, that, and the other thing.

    With a divorce, you don't have to prove anything, only state that the marriage is over.

    Since her parents didn't want her to be married to you in the first place, it's possible that she and her family will just not respond to your divorce petition and you'll get it by default.

    1. Sponsored Links
       

Similar Threads

  1. Divorce: Legally Separated, Living Abroad and Trying to File for Divorce
    By Magana in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 07-08-2012, 09:15 AM
  2. Divorce: During Divorce Can My Spouse Legally Take Me Off Health and Vehicle Insurance
    By mybubba10 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 01-28-2012, 08:07 PM
  3. Divorce: Spouse Obtained a Backdated Divorce Decree - Am I Legally Married
    By nancyd73 in forum Divorce, Annulment and Separation
    Replies: 3
    Last Post: 08-20-2010, 04:35 AM
  4. Conveyance By A Person Declared Legally Incompetent
    By EnchantingImage in forum Buying, Selling and Conveying Real Estate
    Replies: 3
    Last Post: 10-01-2007, 08:04 PM
 
 
Sponsored Links

Legal Help, Information and Resources