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    frances234's Avatar
    frances234 Posts: 1, Reputation: 1
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    #1

    Jul 9, 2010, 08:55 PM
    Federal laws governing divorcing the disabled
    My Son was separated from his wife for over a year and was in college. After being Separated for over a year he moved his wife a baby to the state he was attending school. During his time in school I provided financial support to him to assist him in attending school and to take care of his baby. A day after relocating his wife he had a near fatal car accident. During his recuperation period his wife did not provide him with any compassion or support. He would often mention to me that she did not want to kiss him or have sex. His injuries were traumatic brain injury or which he had two brain surgies where the doctors had to burr holes in his brain to relieve the brain of bleeding. His left arm was damaged so badly there are a number of steel pins in that arm. I spoke with a Psychologist during legitigation and she explained to me that Donnell will never be able to go back to school or work because cognitively he is not functioning at the same level he was prior to the accident. His wife received approx. $250,000 from the accident. One the day she received her check she left him with the baby for 3 days. Once she returned she put him out of the house. My son did not have transportation to even get his check cashed. A family member had to travel to where he was to asisst him. My son lived in hotels for almost 3 months. He became extremely depressed and began using drugs. Almost 5 months after she received her money she is now sueing him for additional monies and child support. She is even trying to take full custody of a child that he has taken care of all of her life. My son is also diabetic and insulin dependent. He is in need of addiitonal surgery for his jaw and needs mental health therapy. He is presently in residential treatment. His medical records state that he is disable. Are there no laws under the American Disability Act to protect him from his wife who has provided him no assistance.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jul 10, 2010, 04:44 AM

    Why was she given 250,000? Was she in the accident as well, and this was a settlement for both of them?

    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 10, 2010, 08:19 AM

    No, there are no federal divorce laws.
    And the ADA is not for such protections.

    The standard divorce laws of the state where they live are the ones that apply, she needed to file for separation and divorce in the state, he may be granted alimony, he may be given certain property,
    He needs a divorce attorney

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