Chicago divorce attorney Russell Knight posts a new blog post (https://rdklegal.com/how-can-a-mentally-disabled-person-get-a-divorce-in-illinois/) that explains how divorce works for a mentally disabled person in Illinois. The lawyer mentions that there will be a time when a loved one’s health will start to fail during the course of the marriage. Sometimes, these illnesses may become too much for the other spouse to bear and divorce may become necessary.
According to the Chicago divorce attorney, “Dementia, stroke or late-onset mental illness can render a person unable to handle their affairs…even their marriage. If someone is truly mentally disabled, they will not have the mental capacity to fully understand the meaning and effect of their petition. A truly disabled person is not filing their own divorce in Illinois.”
The lawyer explains that before, guardians used to be not allowed to start a divorce on behalf of a disabled person in Illinois. The spouse of the divorced person can always file a motion for lack of standing because the spouse is NOT married to the guardian. The disabled person will have to have to file and sign their own Petition For Dissolution Of Marriage.
In the article, the lawyer also says that if a person became incapable of pursuing their divorce, a guardian may be able to step in and finish the divorce on behalf of the disabled person. However, a guardian may only be able to start a divorce on behalf of the disabled person if they ask the court for permission.
Attorney Knight mentions that if the guardian is to continue the divorce process on behalf of the disabled person, they will have to convince the guardianship/probate court that the divorce is in the disabled person’s best interests. They may need to do a big speech to the court about the disabled person’s best interests and why they may need the divorce.
Furthermore, the lawyer adds that if someone is a guardian for a person who is disabled and needs a divorce, they have to take very specific steps. Also, if someone married a disabled person, they can’t let their guardian ask for a divorce without a cause.
Lastly, attorney Knight mentions that marrying someone who is
disabled or being a guardian for one may not be easy, especially in
cases of a divorce. He also emphasizes the importance of having a
skilled divorce lawyer who may be able to make all the difference in a
case like this.
No comments:
Post a Comment