Facing an Alzheimer’s diagnosis with your partner can be emotional. It can sometimes lead to a difficult realization that your marriage has changed irrevocably. You may be wondering, “Can you divorce your spouse if they have Alzheimer’s?” Khalaf Law Group can provide knowledgeable counsel in these cases.
Can You Divorce Your Spouse If They Have Alzheimer’s?
In California, you can divorce your spouse with Alzheimer’s, though the process involves specific legal protections.
As a no-fault divorce state, California allows spouses to file for divorce based on irreconcilable differences, without having to prove that the illness caused a breakdown in the marriage. Nevertheless, California courts must consider the incapacitated spouse’s inability to make legal decisions. Courts have several legal requirements in place, including the following:
- Courts may appoint a Guardian ad Litem since someone with Alzheimer’s may lack the legal capacity to participate in a divorce. The Guardian ad Litem can make decisions on behalf of the spouse during the divorce proceedings.
If a conservator has been previously appointed to manage the spouse’s affairs, that person usually represents their interests during their divorce as well. However, if that person is their spouse, then they cannot represent them in this process. - If the spouse with Alzheimer’s is the person filing for divorce, a judge must decide whether they have the capacity to consent to end their marriage.
Financial Issues for a Divorce
In a divorce involving Alzheimer’s, there are financial considerations to address. California’s community property laws still apply in these divorce cases, which require an equal split of marital assets. Courts must consider the following:
- If a spouse requests alimony, the court must consider their medical and financial needs when determining an award of alimony, which is also called spousal support. Long-term Alzheimer’s care is typically expensive, and a judge may structure support to provide adequate support for the ill spouse.
- If the couple has children, a parent’s illness will influence custody decisions. A judge may order supervised visitation to maintain the parent’s bond with their child while also making sure the child is safe.
Every divorce is unique. If you have additional questions, it’s helpful to speak with a knowledgeable attorney who is licensed in California. They can discuss your specific situation, answer your questions, and provide reliable legal advice based on California’s divorce laws.
Divorce Data in Context
According to the Pew Charitable Trusts, the state courts in the United States manage about 66 million cases every year, which include about 3.8 million family law matters. Family law cases include divorce, child custody, and other related issues. Across the country, courts handle approximately 1,090,000 divorce cases, which equals about 1.6% of the total caseload of state courts in the U.S. The CDC reports that the number of divorces in 2023 alone reached 672,502.
Please understand that if you are contemplating a divorce, you are not alone. People considering a divorce may feel isolated, overwhelmed, or even embarrassed, especially when dealing with a sensitive topic like Alzheimer’s. Seeing that hundreds of thousands of people have successfully navigated the divorce process can lower the barrier to seeking legal help. Please avoid thinking this is a personal failure; instead, consider divorce as a common legal transition.
If You’re Ready to Hire a Divorce Lawyer, Choose Khalaf Law Group
Khalaf Law Group consists of well-informed legal professionals who have helped people just like you through their divorce. If your divorce involves a spouse with Alzheimer’s, reach out to learn about our available legal and emotional support. When you contact a Glendale divorce lawyer at our firm, we can provide comprehensive assistance.
FAQs for Pasadena Divorce Lawyers
Q: How Do You Protect Marital Assets If Your Spouse Has Dementia?
A: If your spouse has dementia, you can protect marital assets by working with a lawyer who understands our state’s community property laws. When a spouse has diminished cognitive capacity, the available legal tools usually depend on how much legal capacity they currently have.
Your lawyer can take immediate legal action to address the situation and protect your rights. They can answer your questions about the court-supervised process to gain authority over marital assets.
Q: Can a Lawyer Help With a Divorce Settlement When a Partner Has Alzheimer’s?
A: Yes, a lawyer can help with a divorce settlement when a partner has Alzheimer’s. A lawyer can provide counsel throughout the divorce process, especially when you are divorcing a partner with diminished mental capacity. These cases require an attorney with experience in family law, probate law, and elder care.
At Khalaf Law Group, we have prior experience in representing spouses through a divorce. We can discuss how to divorce a partner facing Alzheimer’s.
Q: When Should I Contact an Attorney About a Divorce Case Involving Alzheimer’s?
A: Ideally, you should contact an attorney about your divorce case involving Alzheimer’s as soon as possible. They can start providing you with assistance right away. They can also immediately begin gathering evidence to build a strong divorce case. When you work with an experienced divorce attorney familiar with these cases, they can provide dependable counsel. Give them as much time as you can to support you throughout your divorce.
Q: What Does It Cost to Hire an Attorney Who Handles Divorces Involving a Spouse With Alzheimer’s?
A: There is no standard cost to hire an attorney who handles divorces that involve a spouse with Alzheimer’s, as every California attorney sets their own attorney’s fees. These fees are based on their experience in divorce cases and how much time they anticipate spending on your case. Some attorneys use a flat-fee agreement, while others charge per hour. Before you hire a divorce lawyer, ask about their fees so there won’t be any surprises.
Hire a Divorce Lawyer at Khalaf Law Group
Khalaf Law Group provides clients with the knowledge and advocacy they need for a positive divorce outcome. Our founding attorney, Ted Khalaf, has extensive experience in helping couples facing divorce involving Alzheimer’s, and he can do so for you, too.
Our office is conveniently located near the Playhouse Village in central Pasadena. We are just north of Caltech and right off the 210 and SR 134, so you can feel confident that our dependable legal support is always nearby. Contact Khalaf Law Group today to set up an initial consultation with a trusted attorney.
