Wife in nursing home

Dear dhpainenc:

Greetings. Yes, it is still possible for him to proceed with divorce in North Carolina, but it sounds as if his wife may have some capacity issues. So, here is what he would have to do:

Upon filing the action for divorce, he would also make a motion to appoint a guardian ad litem for his wife. This person would then act on his wife’s best interests in responding to the lawsuit. I would have to tell you that if I were appointed guardian ad litem for his wife, I would counterclaim with requests for equitable distribution and alimony…so he may be facing these claims also now. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

My friend and his wife were fixing to separte when she had a massive heart attack and 3 strokes. Now the wife is in long term care nursing. The husband still wants to look after to her but wants to prceed with his divorce. Under NC law this is not possible now is it?

I think it’s diplomatic for the husband to still visit his wife in the facility regardless if the divorce takes place…It’s still a sign of respect and compassion to the spouse, and preserve the friendship even though they want to end the marriage…Here’s good website that the husband can use when dealing with long term care http://www.completelongtermcare.com

Can he visit her and take care of her needs with the nursing home and wait for the year separation requirement?

Yes, so long as he does not have the intention of resuming the martial relationship.