How can a person in Alabama go about getting a legal divorce from person that is located in New York, resides in a nursing home, has no legal guardian and has been deemed mentally incompetent?
Country relating to Question: United States
State (if USA): New York
Consulting an attorney in Alabama but after receiving payment he indicated that did not know the answer.
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Typically when a person is declared incompetent, a guardian is appointed by the court
did the court actually deem the person to be incompetent
She's only been deemed incompetent by a medical doctor
divorce request was filled in Alabama but the Judge denied it because he said she need's an attorney in lidem (sp)
not sure how to go about getting an attorney to represent her...i'm obviously biased
so i thought the court would appoint someone
In that event, you can proceed with filing a dissolution of marriage in Alabama based upon your residency in Alabama. You would serve her in New York.
and who would sign the paperwork? would it be the nursing home?
Probably in this situation no one would sign the paperwork. The court would enter a default judgment based upon the lack of a response
that seems to make sense but the judge didn't do that...due to a lack of response, he denied the case
and said she has to have an attorney represent her
so my question is how do I get an attorney appointed to represent her?
You or your attorney likely represented to the court that your wife was deemed incompetent
now unfortunately you will need to open a guardianship/Conservatorship
You would need to petition a New York Court to declare your wife and competent and appoint a conservator The conservator would then retain an attorney
Is this something I should do or have an attorney do?
you will need to retain counsel in New York.Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com
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Will do. I wish the attorney in Alabama that took $1500 could have answered the question but he flat out didn't know, wasn't willing to research it and said good luck....all after taking the money!! Horrible experience. So THANK you again.
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