Illinois Opens Door for Divorce for Mentally Disabled

 Posted on October 19, 2012 in Divorce

According to the Chicago Tribune, the Illinois Supreme Court opened the door "to divorce for people who need guardians because of mental disabilities." It’s great news for the thousands of Illinois residents who suffer from mental disabilities, as before the law was passed, "the disabled person could not get a divorce unless his or her spouse started the process."

The state Supreme Court ruling stated that the ban "is no longer appropriate. It could leave vulnerable people at the complete mercy of spouses who abuse them or exploit them financially." Under the new law, the court will consider each disabled person individually, and allow the judge to decide on an individual basis that, "there is clear and convincing evidence that [divorce] would be in the disabled person’s best interests."

According to the Sacramento Bee, the ruling also included people "with severe brain damage," and also people with Alzheimer’s disease who were able to voice their opinion. There are a small number of states that allow a person to file for divorce on behalf of incompetent parties, according to DivorceSource.com, such as Virginia, Florida, and Michigan. Before the recent ruling, Illinois was similar to South Carolina in their ruling, that "an incompetent person may not file a divorce action through a guardian," even if both the guardian and the client believed that the divorce was in the best interest.

Divorce is always a complicated process, but made all the more so when one or both of the parties is operating with a mental disability and under the care of a guardian. With the new law, there are new opportunities for divorce where it seems necessary. Don’t go through it alone. Contact a dedicated Illinois state divorce attorney today.

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