The Supreme Court of Illinois reached a verdict and overturned a prior courts’ decision that Marcia Karbin couldn't seek a divorce from her husband Jan. The reason for this occurred many years ago in 1997. That was the year when Marcia suffered major brain damage due to a car accident. Since the accident, the Karbin’s daughter was named the legal guardian of her mother. Personal and financial issues drove a wedge in Marcia and Jan’s marriage, which forced their daughter to help Marcia file for divorce.
The problem with this request is that the state of Illinois bars legal guardians from seeking divorces for their mentally disabled wards. This meant for the longest time that the spouse of the mentally disabled person had to file for the divorce before anything could legally proceed. Yet there was no distinction made between those suffering from severe brain damage from those who had Alzheimer’s.
The Illinois Supreme Court has no stated that an outright ban is not practical. People who can express their feelings clearly to a guardian should be allowed to divorce. Also because “(e)ither the guardian can act in the best interests of the ward for all personal matters, or for none at all,” Justice Charles Freeman said. Now, it is permitted but a judge may need to objectively review the evidence if the person is not able to adequately represent themselves.
If you or a loved one are seeking a divorce, it is important to have the best legal counsel available. A lawyer can be responsible for changing the way that the legal system works based upon your case. Contact a dedicated divorce attorney in DuPage County who can guide you through your divorce or other family law matter.