Introduction
Marriage is a beautiful union that many eagerly enter, expecting it to last forever. However, circumstances can change, and individuals may find themselves no longer content in their marital relationship. There are instances where a spouse is admitted to a mental institution due to mental health issues, which raises the question of whether one can file for divorce in such a situation.
The Answer
The answer is affirmative – you can indeed file for divorce in Wyoming if your spouse is in a mental institution. Wyoming follows a "no-fault" divorce approach, which means that either spouse can initiate divorce proceedings without needing to provide a specific reason other than the marriage being irreparably damaged. Consequently, there is no requirement to substantiate that your spouse’s mental health is the cause for the dissolution.
The Process
Filing for divorce when your spouse is in a mental institution differs slightly from a conventional divorce. If your spouse has been committed to a mental institution, it is essential to furnish a copy of the petition for involuntary hospitalization as part of the filing. Furthermore, the divorce papers must be served to your spouse in a legally acceptable manner.
Obtaining a Guardian Ad Litem
In situations where your spouse is admitted to a mental institution and lacks the mental capacity to make decisions on their own behalf, it is crucial to secure a Guardian Ad Litem (GAL) who will represent their interests during the divorce proceedings. The GAL’s role is to safeguard your spouse’s rights and ensure that their best interests are given due consideration throughout the process.
Conclusion
Divorce can be an emotionally challenging process, particularly when your spouse is confined to a mental institution. Nevertheless, it is possible to file for divorce in Wyoming, even in such circumstances. It is advisable to consult an experienced family law attorney who can guide you through the process, ensuring that both your rights and your spouse’s rights are protected at all times.