Can a mentally incompetent person file for divorce?
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Can a mentally incompetent person file for divorce?
As noted in Section II, the general rule is that incompetent spouses may not file divorce actions. In most states, however, an incompetent party may file an action to annul a marriage. First, in most states, a party may not file for divorce on the grounds that he or she is mentally incompetent.
Can you divorce your spouse if they have mental illness?
You or your spouse can’t avoid a divorce by pleading insanity. Nevertheless, a spouse’s severe mental health issues may entitle that spouse to additional protections under the law, particularly if that spouse is housed in a mental health facility.
Can you get compensation for emotional distress?
Most claims for emotional distress compensation are in connection with pain and suffering secondary to a physical injury caused by another. In specific, usually extreme circumstances, you can bring a separate claim against an at-fault party for emotional harm that’s not directly caused by physical injuries.
