Can you divorce a mentally incompetent spouse?

UPDATED: Jun 24, 2015

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Can you divorce a mentally incompetent spouse?

Asked on June 24, 2015 under Family Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you can. When someone files for divorce, a basic requirement is stating a valid legal reason (i.e. ground) for the divorce. And mental illness or insanity of a spouse is one such ground. In most states mental illness is grouped with other fault-based grounds for divorce; in a few other states mental illness is included within no-fault divorce laws.

For further in formation about mental illness or insanity as a reason for divorce and what it could mean in you, consult directly with a divorce attorney in your area. They can best advise you as to specific state law.


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