Legal Question in Family Law in California

This could be a very expensive proposition for your uncle. First, a guardian would have to be appointed for his wife to handle the divorce for her. The guardian would have to hire an attorney. Since the only money the wife has is her share of the family money and assets (called the community property), those two people would be paid out of your uncle and his wife's money, on top of his own attorneys fees. Then, unless the wife's guardian and attorney are idiots, they will ask for spousal support, and are pretty certain to get it unless your uncle married his wife only a few years ago. The court will certainly grant the support unless she has separate property assets, or her half of the community property will be enough to pay for her needs and care. And even then the court might order spousal support. If there is any chance that she will become a welfare case, the court will order your uncle to pay for her care and support instead.

So yes, he can divorce her, but if he's doing it to get out from under the expense of her care, he'll probably be throwing good money after bad.