Legal Question in Family Law in Georgia

Divorce papers in mental institute

Can a person be served divorce papers in a state mental hospital - suicidal attempts, bipolar with psychosis and possible personality changes?

Are they competent enough to sign the papers?


Asked on 9/17/06, 12:39 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Divorce papers in mental institute

It sounds like you've confused service of papers with signing. When papers are served the sheriff delivers them. The recipient signs nothing.

Since we have not read the diagnosis or talked the doctors, we cannot answer you at all about your specific case. The following is general information.

If a person is signing, they are signing an acknowledgment of service or agreement or both, usually in an uncontested case. It is highly unlikely that a person with severe mental disorders has the capacity to do this.

And even though a person who is mentally ill can be served, that will present major complications. A court may decide to appoint a guardian ad litem to assist the person.

In any event, such a situation will almost always be complicated and require a skilled lawyer to navigate the possible added steps. Such a case will probably be far harder to pursue than most divorce cases, but thatw ill vary by each case.

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Answered on 9/17/06, 1:10 am


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