Q: Never added my wife to the deed. My wife is incapacitated and has no desire to come home. How do we divorce after 6Yrs?
I can not take care of her and she certainly can not take care of me! I was told by the Veterans Administration, that I have Pulmonary Fibrosis, with no cure. I want to enjoy what time I have left. On the other hand, the wife tried Suicide "twice" She needs,(24-hour) care. We have both decided that a divorce would be best for both of us...
A:
In California, the process of divorce can be initiated regardless of whether both spouses are able to actively participate in the proceedings. Since your wife is incapacitated and requires 24-hour care, it's important to consider her legal representation in the divorce process. This might involve appointing a legal guardian or conservator to represent her interests.
When proceeding with the divorce, you'll need to address issues such as division of property and assets. Even though your wife is not on the deed, her rights to any marital property, including the house, will still need to be considered under California's community property laws. This division is typically 50/50, but specific circumstances of your case could influence the final arrangement.
Given your health condition and your wife's needs, the court may also consider spousal support arrangements. It's crucial to accurately disclose all financial information and healthcare needs to ensure a fair settlement.
It would be wise to seek legal guidance throughout this process to navigate the complexities, especially considering the unique circumstances of your case. An attorney can help ensure that all legal requirements are met and that the settlement is equitable for both parties. Remember, each case is unique, and legal advice should be tailored to your specific situation.
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