Filing for a divorce in Tennessee can be a difficult decision, but it’s even more complicated when your spouse is mentally incompetent. While it may vary from state to state, in Tennessee, you can file for a divorce if your spouse is mentally incompetent. However, there are specific steps and requirements that you need to follow to ensure that the divorce process goes smoothly.
Legal Requirements for Divorce in Tennessee
Before we dive into the specifics of filing for divorce when your spouse is mentally incompetent, let’s first cover the legal requirements for divorce in Tennessee. In Tennessee, you can file for a divorce on no-fault or fault grounds. For a no-fault divorce, you must prove that you and your spouse have been living apart for at least two years, and there is no possibility of reconciling the marriage. On the other hand, a fault divorce requires at least one spouse to be at fault for the marriage’s demise.
The Definition of Mental Incompetence in Tennessee
When it comes to mental incompetence, Tennessee recognizes the term "incompetent person," which is defined as a person who cannot manage their affairs due to a mental illness or disability. Mental incompetence may have many forms, including developmental disabilities, brain injuries, and mental illnesses that affect decision-making abilities.
Filing for Divorce When Your Spouse Is Mentally Incompetent
To file for divorce when your spouse is mentally incompetent, the first step is to prove their incompetence legally. You will need to file a petition for the appointment of a conservator to represent your spouse in the divorce proceedings. The court will appoint a conservator for your spouse, who will act as their legal representative and make decisions on their behalf.
Once the conservator is appointed, you may file for divorce as per Tennessee’s legal requirements. Your spouse’s conservator will receive a copy of the divorce papers, and they will be responsible for responding on behalf of your spouse.
Divorce and Property Division
The division of property in a divorce can be complicated, especially when one spouse is mentally incompetent. Tennessee law requires a fair and equitable distribution of assets in a divorce. This means that all marital assets will be divided between the spouses. However, the court may take into account the needs of the mentally incompetent spouse and allocate more assets accordingly.
Child Custody and Mentally Incompetent Spouse
If you have children, you may be concerned about how custody will be determined in case your spouse is mentally incompetent. The court will consider the best interests of the child and whether the mentally incompetent parent can meet their needs. If it is not in the best interests of the child to live with the mentally incompetent parent, custody may be granted to the other parent.
Conclusion
Filing for divorce when your spouse is mentally incompetent can be a complicated and emotional process. You must follow legal requirements and work with a conservator to act on behalf of your spouse. You will also need to consider the division of property and custody arrangements. It’s critical to speak with an attorney experienced in family law to guide you through the legalities of filing for divorce when your spouse is mentally incompetent.