Legal Question in Family Law in California

Contest Divorce Petition due to Mental Health of Petitioner

The Petitioner was diagnosised with depression. He was medicated and treated by a psychiatrist until May 1999. He, also, lost his job. Febuary 2000 he got a job. By September his confusion and irratic behavior had jepardized this job. Which compelled him to have the 'family doctor' re-prescribed his medication. Due to recent history (too extensive to detail) the doctor diagnosised clinical depression, obsessive-compulsive and generalized anxiety disorders. The doctor advised that he needs psychiatric care and tests to eliminate chemical or organic causes for this. Which he refused.

The doctor warned him about ANY ACTIONS he'd consider until the doctor could assure him that the medication was working effectively. The concern was about his paranoia and over-reactions at work! Within 3 weeks he filed Divorce Papers! He hadn't discussed divorce until the papers were served-- his explaination, he 'had to'. He has continued to live at home. He IS increasingly more beligerent, ect. and CONFUSED, the doctor says he seems to be slipping in-and-out of dementia. Can I file for a Continuance or to Stop This Action until he's had the physical and psychiatric evaluation he needs? Until we know he understands what he's doing?


Asked on 11/12/00, 12:22 am

1 Answer from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Contest Divorce Petition due to Mental Health of Petitioner

I doubt that you would be able to postpone the dissolution of marriage that has been filed because California is a no fault State and any party can file for a petition for dissolution. The only way to stop it would be for the Petitioner to stop it himself. There might be a possibility for the Petitioner to be civilly committed to a mental institution if you can prove that his mental state is such, that he is in imminent danger to himself or others. I would consult an attorney about the civil commitment to a mental institution and defending the dissolution of marriage action.

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Answered on 11/20/00, 6:51 am


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