Hi, I have a complicated question. My husband of 8 years has severe documented mental illness. He has a felony on his record due to his problems. He recently quit taking his medication and has said he wants a divorce. He left the state and said he isn't coming back. He receives disability benefits for his mental illness and so does our son since he is a dependent. If I can't locate him to legalize the divorce am I awarded all assets? I received a personal injury settlement in 2011 which was invested into the home and stocks. The investment is in both names, but I am the primary holder. If I do not get a reply from him is it all mine? If he does reply am I still awarded the majority?
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Divorcing a missing & mentally ill spouse
- Thread Starter Catz6
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army judge
Super Moderator
You need not actually locate him.
There are ways to publish notice that will suffice as service.
You'll learn about that as you go about educating yourself.
If he's an incarcerated felon, divorce is easy; so too with a mentally incapacitated person.
In Missouri, divorce is easy anyway.
Your state is a no fault divorce state, so you need not offer a reason.
But, the two examples you furnish are no brainer divorce approaches.
Links for divorcing incarcerated spouse:
http://cordellcordell.com/resources/missouri/missouri-divorce-questions/
http://www.legalmatch.com/law-library/article/divorce-marriage-and-incarceration.html
http://www.divorcewriter.com/MissouriHelpCenter.asp
http://www.3stepdivorce.com/helpcenters/missouri.shtml
http://info.legalzoom.com/file-divorce-husband-jail-20594.html
http://wiki.answers.com/Q/How_do_you_file_for_divorce_if_your_spouse_is_incarcerated_in_Missouri
Links for divorcing mentally challenged spouse:
http://info.legalzoom.com/divorce-missouri-spouse-mental-problems-21678.html
http://info.legalzoom.com/file-divorce-spouse-mentally-ill-20467.html
http://family-law.lawyers.com/divorce/Grounds-for-Divorce-Insanity.html
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Proserpina
Moderator
Stop right there. You absolutely MUST get a attorney involved here. You're saying he's severely mentally ill, right? Then anything you might get in a court proceeding which doesn't include him can be overturned very very easily.
Believe me, if he's THAT mentally ill, it's even MORE important to do this correctly.
You really don't want to cheat him out of what he might legally be entitled to, right?
He was functioning well for the last 5 years but now he has starting using substances that are not legal. He believes he has done something criminal and he's being followed (which may be true), and then it spiraled down into not taking his medication and now he's in a full blown manic psychosis. My point being if he has done something illegal doesn't that decrease his chances of equal distribution of assets? Do I need a specialized lawyer who is familiar with mental illness? He told me he wanted a simple low cost divorce and I do too.
Another question I have is about credit card debt. He has a credit card with a high limit that he had before we were married, he added me as an authorized user only. I barely use that card at all but he has now racked up 15k and has no means to pay it off. I was always making the payments on it but now I can no longer afford them. I have been told that I am not responsible for that debt since I am only an authorized user, but I am afraid not paying it will ruin my excellent credit score and cause problems for me refinancing my home in my name only. Does anyone have any advice or knowledge of these issues?
Another question I have is about credit card debt. He has a credit card with a high limit that he had before we were married, he added me as an authorized user only. I barely use that card at all but he has now racked up 15k and has no means to pay it off. I was always making the payments on it but now I can no longer afford them. I have been told that I am not responsible for that debt since I am only an authorized user, but I am afraid not paying it will ruin my excellent credit score and cause problems for me refinancing my home in my name only. Does anyone have any advice or knowledge of these issues?
Betty3
Well-Known Member
I believe your best option is to get an attorney involved as suggested previously - I would start with a divorce attorney.
disagreeable
Well-Known Member
Why should his declining mental state allow you to steal his portion of marital assets?
I am not stealing anything! The money invested is primarily mine, it was rewarded to me for My pain and suffering from a car accident (which legally he is not nessesarily entitled to). I have no intentions of leaving him with nothing unless he chooses not to comply with the proceedings. I have stood by him during many grave situations where others would have left, so please don't pontificate your opinions on my intentions in this situation. I am only wondering what my rights are and making sure I am not punished for his credit card debt. It was He who asked for this divorce, not me.
army judge
Super Moderator
Okay, since you obtained ALL that money in the windfall insurance DROP, you can afford a lawyer.
Stop wasting your time here.
Find a REAL lawyer in your county.
Tell your troubles to that REAL LAWYER.
Determine what you wish to do, hire the REAL LAWYER with all that money.
We are done here.
Good luck...
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