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If you divorce someone on the grounds of insanity...

Discussion in 'Divorce, Separation, Annulment' started by phantom09, Oct 26, 2010.

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  1. phantom09

    phantom09 Law Topic Starter New Member

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    Will the state make that person a ward of the state?
    My dad wants to get a divorce from my mom. They have been married for 30 to 40 years. She has always had mental illness. She has also been in and out of mental hospitals for years. She has been in about 6 times. My dad has also had to call the police on her and she spent two weeks in Jail. My mom has paranoid Schizophrenia with delusional disorder. She is very violent towards my dad. It is not safe to be around her especially for my dad. She claims that she wants my dad dead. I am helping my dad look at how to start divorce and what will happen. I need to know how does he go about this and what will happen to my mom. Because no one in my family has the money to support her or keep her in a mental hospital which she needs to be in indefinably.
     
  2. army judge

    army judge Super Moderator

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    If you want to help your dad, take him to visit with some attorneys.
    If he is retired or disabled, legal aid will likely assist him.

    He doesn't necessarily need a divorce.
    In fact, there might be less expensive and more humane options for all concerned.

    You're right to be concerned for your dad, but what about mom?
    Dad needs help, but so does mom.

    Yes, a mentally ill spouse can be divorced.
    But, your folks have been together for 40 years.
    Would you dispose of or divorce a spouse who had cancer?
    I know this is hard, but is divorce the only answer?
    Mom isn't aware of what she's doing.
    She's needs mental health intervention and hospitalization.
    She surely needs to be evaluated.
    There is help for mom, and dad will be helped, too!
    This isn't like a true domestic violence situation.
    By the way, a divorce for mental illness is called a divorce for "incurable insanity" in Utah.
    Mere insanity won't do it, if there is a cure or treatment available for the afflicted person.

    Grounds for divorce (mental Illness)

    http://www.divorcelawfirms.com/resources/divorce/divorce-state-laws/Utah-state-divorce-law.htm

    http://www.gooddivorcelawyers.com/divorce-law-overview/utah-divorce-laws

    Here, try these agencies.
    They might be able to help you.

    http://www.legalaidsocietyofsaltlake.org/


    http://www.usattorneylegalservices.com/free-legal-aid-Utah.html

    http://www.utcourts.gov/howto/legalclinics/

    http://www.utahbar.org/public/pro_bono_resources.html

    http://www.hsmh.utah.gov/

    http://www.hsdsa.utah.gov/recovery_network.html

    http://www.wasatch.org/
     
  3. vfielder

    vfielder New Member

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    "This isn't like a true domestic violence situation"

    Sorry Army Judge, but that isn't true...it can be more violent, unpredictable and dangerous. What she is describing
    about mom, I've been through. Seek a attorney and keep dad out of harms way.
     
  4. army judge

    army judge Super Moderator

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    It could be.

    It could be not.
     

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