Law Offices ofBrandon R. CeglianP.C. Attorneys group photo

Could this man's divorce request be refused?

There are a number of difficult issues that Colorado residents face when preparing to end a marriage. However, very few are concerned that their ability to seek a divorce in the first place will be challenged. However, there are cases in which an individual's right to seek divorce can be limited. An example is found in one state's courts where a man's mental competency has been called into question.

The case centers on an 88-year-old man and his wife. Eight years ago, the wife approached the court to ask that she be deemed her husband's legal guardian. The reason for that move was the fact that the man had fallen victim to multiple financial scams. In one instance, he became convinced that he would receive $23 million from a Nigerian prince. As a result, he sent multiple payments to the scammers behind that scheme, receiving nothing in return.

The wife asked for, and was granted legal guardianship. However, the man recently filed for divorce. His wife has asked the court to deny that request, citing the prior finding that her husband is mentally incompetent of making his own decisions. She asserts that without her care and guidance, he is at risk of losing everything that he has, and eventually becoming destitute. The man's attorney claims that he is perfectly capable of determining whether or not he wishes to remain married to his wife, and that he should not be held prisoner in a marriage that he no longer wants.

As the case moves forward, legal precedent maybe set in the area of mental competency and divorce. While not an issue currently before the Colorado courts, the outcome of this case could guide similar matters across the country. The ability to dictate the course of one's own life is a primary right, and one that courts are reluctant to limit.

Source: ABC News, "Kentucky Justices Struggle With Mentally Incompetent Divorce", Adam Beam, Aug. 19, 2016

No Comments

Leave a comment
Comment Information
get Legal Help Now

Tell Us About Your Legal Issue

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Meet Our Attorneys

Attorney Brandon

Brandon Ceglian

Brandon Ceglian's practice focus is family law, landlord-tenant law / real estate, civil litigation, criminal / DUI, and collections. View Attorney Profile

Attorney Adam

J. Adam Beckman

Adam Beckman’s areas of focus are family law, adoptions and prenuptial agreements, and criminal law/DUI. View Attorney Profile

Dominic

Domenic Nicotra

Domenic Nicotra’s practices primarily in the areas of Landlord-Tenant, Family Law, Criminal, Protection Orders, and Civil Litigation. View Attorney Profile

Daniel J. Zolnikov

Daniel J. Zolnikov

Daniel Zolnikov practices in the areas of HOA, debt collections, landlord tenant, civil litigation and construction law. View Attorney Profile