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Title: need advice My wife has agreed to a simple divorce on my terms. Post by: BDR on July 05, 2020, 03:29:50 PM I am starting the divorce process. My wife who has been diagnosed with BDP and is in rehab now has agreed to a simple divorce on my terms (there is much evidence against her of adultery) . My question is as follows. Is my wife deemed competent to sign for a simple divorce or does she need to be represented by an attorney based on her new diagnosis?
Title: Re: need advice Post by: ForeverDad on July 05, 2020, 04:41:27 PM Your lawyer can answer legal questions of this sort. However, from what you describe, it doesn't sound like she has been committed to an institution by a court.
From my peer support experience, unless she has been ruled mentally incompetent then she is still recognized as an adult who can make her life decisions. Most here did not get a diagnosis for their ex-spouse yet I don't recall any who commented that their ex, whether diagnosed or not, had to have someone sign in ex's place. If she does not have a lawyer, does your state require each spouse to use a lawyer in a divorce? So probably best to get this question answered by an experienced family law attorney in your state since each state can vary in the details of divorce. |