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legalgems
legalgems, Lawyer
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My sister who is married was diagnosed with MS and early

Customer Question

My sister who is married was diagnosed with MS and early stage of dementia . her husband who is also a police officer was given athourity over her finances and well being. He has spent all of her back pay from ssdi and has refused to take her to her doctors visits even though she was told not to drive and now he is having an affair and kick her out of the house . he still refuses to help her and has forcefully taken her wedding ring which would have helped her to at least start over. A couple months ago he physically hurt her and is trying to push his weight around because he's a cop. He's kicked her out of his vehicle on several occasions and made her walk home, and the list goes on. What rights doe's she have.
Submitted: 8 months ago.
Category: Legal
Expert:  legalgems replied 8 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 8 months ago.

I am very sorry to hear this;

first, if the victim still has mental capacity (early stage dementia often does not render a person legally incapacitated), then she can file on her own for a protective order, and presumably she is interested in a divorce.

If the victim is unable to act legally, then an interested party can petition the court for guardianship, and then this person can assist the victim with obtaining a protective order, and to assist with the filing of divorce.

In a divorce, the court will equitably divide the marital property, and will award alimony if one party is unable to work. Since spouses owe one another a fiduciary duty, any money that was wrongfully appropriated will be reimbursed generally so one spouse is not "cheated" by the other.

In the division of property, the court will divide the property equitably-this means fair and just, not necessarily equal.

For more information please see;

http://texaslawhelp.org/resource/community-property-fact-sheet?ref=0GFRH

The court can financially penalize a spouse for being responsible for the break up of the marriage and also for domestic violence.

I would urge you to contact an attorney to assist with the guardianship if applicable, or to assist with obtaining any needed protective orders.

As part of the protective order, the court can order the abuser to move out of the family home and award the victim the exclusive use and occupancy of the residence.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 8 months ago.

Here is the paperwork for protective orders.

Petition for divorce here

information on guardianship here

Questions?

Post here please

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Expert:  legalgems replied 8 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!