If my grandmother is mentally incompetent, can she divorce her abusive husband?
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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 13 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.
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