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

UPDATED: Sep 21, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 21, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 11 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.

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 lock Secured with SHA-256 Encryption