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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
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Experience:  Practing General Attorney,
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What can one spouse do when the other will not consider a divorce

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What can one spouse do when the other will not consider a divorce in order to free up mutual assets? My mother has been separated from her husband of 59 years, for the past 7 years. She has developed dementia and needs some level of assisted care and her spouse will not help her financially to be able to make a decision to get the help she needs. Her children are willing to help her but most of her assets are tied to his.
Submitted: 5 years ago.
Category: Legal
Expert:  Daniel Solutions replied 5 years ago.
Thank you for allowing us to assist you with this problem.

Im sorry to hear about this problem

You stated that your mother has dementia and if that is the case then you will have a problem obtaining a valid Power of Attorney because she lacks the legal capacity to sign. You would need to go to court to obtain Guardianship/Conservatorship over her which is similar to a POA but it is provided by a judge due to her dementia.

Regarding the divorce, she can file for a divorce she never had to wait for him to file. If he does not consent it is a contested divorce. Due to her dementia the court would most likely appoint a Guardian to represent her legal interest during the divorce. I would strongly suggest that she obtain a divorce attorney to file.
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