Legal Question in Family Law in California

Can mentally ill spouse act for himself in a divorce?

My husband left for a couple of years and came back in some kind of psychotic state that is as yet not diagnosable. It's unclear whether he is legally competent. He has no short term memory and rambles when he talks.

How can I divorce him?

This is in California.


Asked on 10/01/08, 10:59 pm

2 Answers from Attorneys
Ramona Hallam Law Offices of Ramona R. Hallam

Re: Can mentally ill spouse act for himself in a divorce?

You can divorce anyone. There is no requirement under law that you stay with him "for better or for worse." Feel free to call or write.

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Answered on 10/04/08, 5:29 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can mentally ill spouse act for himself in a divorce?

A guardian ad litem must be appointed to act for him, or a conservator would have to be appointed.

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Answered on 10/06/08, 2:26 am


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