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  1. #1

    Default Divorce of a Ward from a Guardian Spouse

    My question involves a person located in the state of:Minnesota.
    What happens with a guardianship when the ward gets a divorce from his spouse who has guardianship over him?

  2. #2
    Join Date
    Oct 2006
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    Default Re: Divorce Having a Guardianship

    Quote Quoting Timothy Boxell
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    My question involves a person located in the state of:Minnesota.
    What happens with a guardianship when the ward gets a divorce from his spouse who has guardianship over him?
    Well, I do not think it would be possible for the ward to get a divorce from his spouse who has guardianship over him. At least not as long as the spouse continued to have guardianship and did not agree with the divorce.

    Are you sure we are talking about actual guardianship rather than a rep payee or something like that?

  3. #3
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    Sep 2005
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    Default Re: Divorce of a Ward from a Guardian Spouse

    Disabled spouses can seek divorced, as can a guardian spouse.

    Either spouse can file a petition in the probate court asking that the court appoint somebody else as guardian.

    If the divorce is filed while the guardianship remains in effect, the nature and extent of the ward spouse's legal incapacity should be brought to the attention of the court, so that the court can ensure that the ward spouse is properly protected during the divorce case (such as by appointing a guardian ad litem).

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