Other Family Issues

questions & answers

Question: My daughter is being evaluated in preparation for a competency hearing. Her French husband filed for divorce three weeks ago. If she is declared incompetent, can the divorce proceed?

Answer:

The following is provided as general information only. To find out how the law applies to your specific situation, you may want to contact an attorney.

Generally, a divorce proceeding can proceed against a person who has been found incompetent (incapacitated) by a court, provided that person has someone appointed to represent his or her interests. When a person is found incompetent in a civil proceeding, the court will appoint a guardian to protect the incompetent person’s interests. The procedure for appointing a guardian in a civil proceeding is explained in the statutes starting with A.R.S. § 14-5303. (This section is part of “Title 14” which is mentioned below.)

In a family court proceeding, according to Arizona Rules of Family Law Procedure  Rule 10(H) and (I), “Whenever a minor or incompetent person has a representative appointed by the court or authorized by Title 14, Arizona Revised Statutes, the representative may act on behalf of the minor or incompetent person to the extent allowed under Arizona law or the court's order of appointment… The court shall not appoint a guardian to act on behalf of the minor or incompetent person, except as provided by Title 14, Arizona Revised Statutes.”

Since Family law is a very fact specific area of the law, you may want to contact an attorney to find out how the laws apply specifically to your situation.