We already knew some people could file for divorce for absolutely no reason, AKA “irreconcilable differences,” but now, a new law could make it so that someone can no longer plead the “insanity card” on behalf of their spouse to get out of a marriage.
The Illinois Supreme Court issued a verdict on Thursday to allow for divorce to be initiated by those who need guardians because of mental disabilities, not just the healthy spouses. Before, only the healthy spouse could file for divorce. This led to several people filing for divorce without the disabled person’s consent or because they didn’t want to deal with the care and attention the sick spouse needed. And here we thought taking out the trash was too much responsibility. Regular chores have nothing on actually being responsible for taking care of your ill spouse. Who knew?
The state has barred guardians from seeking a divorce on behalf of the mentally disabled person. Up until now, the disabled person could not get a divorce unless their spouse initiate the process. As of Thursday’s ruling though, the ban has been lifted.
“Either the guardian can act in the best interests of the ward for all personal matters, or for none at all,” said Justice Charles Freeman.
Guardians, acting in the disabled person’s best interest, will now be able to file for divorce and a judge will then decide if there is enough convincing evidence that the divorce would be in the disabled person’s best interests. In some cases where they can, those with disabilities will be able to speak for themselves, instead of having a guardian dictate what happens to them.
Matters of this level of complication are best left to a divorce lawyer to handle.