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Decisions of Interest

BY ALM Staff
October 30, 2006

Incompetent Persons May Be Sued for Divorce

Although a guardian appointed to represent a person who has been adjudicated to be incompetent cannot bring a divorce action on behalf of that person, the guardian may defend in such an action. Linda G. v. Norman G., 308862/04 (Sup. Ct., N.Y. Cty. 8/24/06) (Drager, J.).

Plaintiff wife sued for divorce alleging cruel and inhuman treatment and constructive abandonment by defendant husband. Defendant moved for dismissal, arguing the action could not be maintained as he had been adjudicated incapacitated due to Alzheimer's disease. Plaintiff opposed and cross-moved for the appointment of an independent guardian ad litem.

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