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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33743
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My wife is hospitalized I was served devorse.papers hours before

Customer Question

my wife is hospitalized I was served devorse.papers hours before a blood vesel poped in her brain. My question is
A. Can her family mimbers I E - my inlaws keep me or my family from seeing her ? And if not do i have the right to keep them from her ????? And part B. I have 30 days to respond to the serving of the devorce, hopefully she will wake up from her medicial coma and b fine, but how do i serve a responce and protect myself if she doesnt. Please understand i love her and dont want her to go throwgh this but they have made acuations and involed the police saying i tryed to kill her. IM AFRAID ......
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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I am very sorry to hear that you are going through this in addition to a potential divorce action..
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""My question is A. Can her family mimbers I E - my inlaws keep me or my family from seeing her ? And if not do i have the right to keep them from her ?????""
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Even though divorce paperwork was served, you are still married and the inlaws would have no legal authority to prevent you from seeing your wife.
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Since you are still legally married, you would be first in line to make any medical decisions regarding wife's care, including who was allowed to see her. So yes, you would have to authority to prevent other people from seeing her if you notified the hospital.
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""And part B. I have 30 days to respond to the serving of the divorce, hopefully she will wake up from her medical coma and b fine, but how do i serve a response and protect myself if she doesn't.""
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You would file your response with the court and then have a process server or sheriff physically leave it with her at the hospital, whether she was conscious or not. The person would then sign an affidavit of service and submit it to the court stating she had been served.
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thanks
Barrister