S11 Ep04: How Is Divorce Handled If a Spouse Is Mentally Incompetent?

#ChooseGoldman When a spouse is declared mentally incompetent, the court utilizes specific legal procedures to ensure the divorce process moves forward while protecting their rights. A declaration of incompetence does not stop a divorce proceeding or force a couple to stay together. • The court will appoint a guardian or Guardian Ad Litem to represent an incompetent spouse and safeguard their best interests during the divorce • An incompetent person stating they do not want a divorce will not stop the case, as Michigan is a no-fault divorce state where only one spouse needs to want out for it to be granted • The court-appointed representative ensures the incapacitated person receives an equitable share of the marital estate and necessary spousal support for long-term care • The court-appointed fiduciary works directly with trial counsel rather than allowing the lawyer to make unilateral personal decisions for the client • The representative effectively steps into the shoes of the person declared incompetent to advocate for their best interests throughout the proceedings Download Divorce & Custody Survival Guide. Click here: https://akivagoldman.com/free-legal-ebook/ Schedule Your Complimentary Phone Consultation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428 Click the link to watch: https://youtu.be/EpeHRzCcquw Learn more in our blog: https://akivagoldman.com/blog/divorce/how-is-divorce-handled-if-a-spouse-is-mentally-incompetent For more information: https://akivagoldman.com/michigan-divorce-lawyer Visit us at https://akivagoldman.com/ #Goldmanandassociateslawfirm #ChooseGoldman #ChooseGoldmanLaw #DivorceLaw #MentalIncompetence #FamilyLaw #GuardianAdLitem #MichiganDivorce Akiva Goldman  Michigan Family Law Attorney  Goldman & Associates Law Firm  ChooseGoldman.com