Legal Question in Family Law in Kansas

Can spouse divorce if other is mentally ill?

My son-in-law is filling for divorce from my daughter. The problem here is my daughter is suffering from serveral Mental problems and is being admitted into a facility for treatment. Can my son-in-law procede with the divorce? My daughter does not work and once the divorce goes through she will not have any medical insurance.

Thank you for your time


Asked on 11/22/06, 4:22 pm

2 Answers from Attorneys
Grant Griffiths Grant Griffiths

Re: Can spouse divorce if other is mentally ill?

I would request the court appoint her a guardian.

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Answered on 11/22/06, 4:25 pm
Rian Ankerholz Ankerholz and Smith

Re: Can spouse divorce if other is mentally ill?

Your son-in-law will be able to go through with the divorce, but your daughter's rights should still be protected by an attorney. Her emotional state may have an effect on her employability, and thus on her spousal maintenance. After the divorce, she may have entitlement to health insurance under federal COBRA statutes. That coverage will be at her own expense, but she should be able to keep some coverage. Be sure she consults an attorney.

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Answered on 11/22/06, 4:32 pm


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