Jul 15, 2015 - 09:36 AM
Each state has case-law that has dealt with this question so my answer will not be state-specific. Generally though, a person must have the mental capacity to understand what they are doing before they can proceed with a divorce action. If they do not have capacity, the judge will appoint what is known as a Guardian ad Litem, whose role is to safeguard that person's interests. So yes, a person can obtain a divorce even if they have dementia, but a GAL will be appointed as part of the process. Your father can still raise all of the defenses available to him, but each state views divorce slightly differently. I advise hiring a Family Law attorney in your state who has Elder Law experience as well. Hope this helps.
Jul 15, 2015 - 09:39 AM