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cwesting
Jun 4, 2012, 10:05 AM
My husband has filed for divorce and I believe he has early signs of dementia. Can I get a court order to have him tested and do I have to sign any papers? I don't want to get a divorce at all. I love him dearly.

AK lawyer
Jun 4, 2012, 10:51 AM
Now that's a good question.

Yes, if you can prove he lacks the requisite mental capacity to file for divorce, his case would have to be dismissed. And you should be able to engage in appropriate discovery to find proof of that.

I don't know what you mean by asking whether you have to sign papers. You should get an attorney who can best answer that. If you need to file a motion to dismiss, certainly a signed affidavit from you or someone else in a position to know the facts would be required.