Would I be subject to future ramifications if I filed for divorce while my wife is in a psychiatric hospital?

If I filed for divorce, she doesn’t respond, and I file a default, would I be liable to any future legal issues in the future?

Asked on September 21, 2011 under Family Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, I think that there could be ramifications in the future.  By the very nature of where you indicate she is hospitalized a red flag goes up that she may not be competent to understand the legal papers served upon her.  So any judgement rendered based upon those legal papers I think could be challenged and set aside.  The person would be deemed not to have the capacity to understand and would need to have some one appointed on their behalf - a conservator or guardian - to administer their legal affairs.  Please seek legal help in your area on this matter.  You may have to wait until she is released and diagnosed as competant to take care of herself. Good luck.


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