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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 32784
Experience:  16 yrs. of experience including family law.
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If ones spouse has been declared by a doctor to be dying, and

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If ones spouse has been declared by a doctor to be dying, and there is no chance they are going to live, but they are not in a coma, infact their whole body has shut down and they are being kept alive on a ventilator, but their mind is clear and they are able to mouth words. The well spouse, in their 70's wants to live out the rest of their life married to another, but does not want to hurt the spouse and possibly cause the dying spouse to die, and the well spouse will be there for the dying person until they die, and the ill spouse is a ward of the state, because of medical issues, is there a way for the well spouse to divorce the ill spouse without the ill spouse knowing? (yes, a very touching situation)
thanks for the chance to assist

If the other spouse has the capacity to understand, it would not be possible to divorce without the knowledge of both spouses.

Divorce involves the consent of both parties, or court action, which requires notice to both parties. SO there is not a way to divorce without the knowledge of the other spouse.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get credit for my work.    
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