How do I stop a divorce?

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How do I stop a divorce?

My wife may be suffering from bipolar, depression, and has never received counseling for a rape that happened over 35 years ago. How do I stop the divorce and get her the help she needs?

Asked on July 30, 2011 Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may not be able to stop a divorce. If she wishes to obtain a divorce from you, then it will be up to the judge to decide if there are special circumstances that could make her be considered without capacity to end this relationship. Again, the ability to stop or delay proceedings will be based on capacity. Consider talking to a counselor and seeing if perhaps an intervention can be organized. You may also wish to find a person help you get a 72 hour hold on her in a mental facility for evaluation.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

One way to possibly put a stop on the divorce proceedings is to see if some relative or close friend of your wife agrees that potentially she has an illness affecting her ability to make good decisions to the point where she cannot take care of herself and actually know what she is doing.

If so, then possibly her medical doctor could be consulted as well for an opinion as to her mental capacity. If the medical doctor believes that your wife lacks the mental capacity to know what she is doing and is not able to take care of herself, then an option is to file a petition for a conservator over her.

Such a petition is risky and the chances of it succeeding is pretty remote in my opinion. You would need an attorney to file such a petition.

Good luck.


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