Legal Question in Family Law in Pennsylvania
Wife in serious accident 2001. Has been confined to nursing homes ever since. Not capable of signing or understanding a divorce. Want to divorce . Is that possible ? How do I proceed ?
1 Answer from Attorneys
What part of your marital vows (for richer or poorer in sickness and health ...) did you not understand? I understand your need for companionship but I still think its morally questionable to ditch your wife in her circumstances.
Morals aside, you can divorce for any reason. A guardian will need appointed for the wife and it has to be someone other than you. Consult with a local family attorney as your wife is going to be entitled to a portion of the marital assets and you may also have to pay her alimony (the money will be paid to her guardian and used for her benefit) for the rest of her life.
Any proceeds from the accident, if there was some kind of a settlement, would also be your wife's.
If you are serious about the divorce then you need to consult with a local family attorney in your area to review specifically issues about equitable distribution and alimony so you can see if a divorce would really make financial sense here.