If my grandmother is mentally incompetent, can she divorce her abusive husband?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my grandmother is mentally incompetent, can she divorce her abusive husband?

My grandmother was declared mentally incompetent. Her husband (not my Grandfather) verbally abuses her and threatens to kick her out because, he always having to care for her, is impeding in on his plans in life. Is there any way for her to get a divorce with a court appointed, legal guardian?

Asked on February 7, 2011 under Family Law, Maryland

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for her situation.  Was her husband declared her guardian or conservator at the proceeding?  What someone is going to have to do is to bring a proceeding to remove him as her guardian or conservator and to be put in his place. That person can bring a proceeding on her part like a divorce.  You are going to need to make sure that you have a "plan" for your Grandmother: someone to care for her and somewhere for her to live.  The court is going to want to make sure that this is in place before the divorce is granted, especially if he is her caregiver.  You are going to need an attorney for all of this and the planning.  Get help.  Good luck to you.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption