I believe these may be two different scenarios which play out differently depending on who is filing for the divorce. This is my take on things but I welcome comments, especially if I have missed anything.
First, in Christine's case, the potential divorce plaintiff is seemingly incompetent. So he cannot file pro se nor can he contract with a divorce attorney to file for divorce. A third party such as a relative needs to hire an attorney (hard to do pro se in my opinion) to obtain guardianship on an expedited basis as outlined by Deb Guston. The guardian can then hire an attorney to file for the divorce, seek temporary injunctions and otherwise proceed in the incompetent individual's best interests. I do not see a need for a guardian ad litem here unless the guardian doesn't want to be the person making decisions in the divorce matter for some reason, e.g., conflict situation.
Second, in a case where a competent plaintiff files for divorce from a seemingly incompetent defendant who does not have a guardian, a guardian ad litem must be appointed for the divorce proceedings. Or if there is a third party willing to pursue guardianship, they can go the expedited guardianship route as discussed above. I would ask for a stay of divorce proceedings until guardianship matter decided. However, if plaintiff seeking emergent relief in divorce, there would have to be a guardian ad litem for defendant for interim period until guardian appointed.
Anne Cralle, Esq.
(732) 829-5805
Sent from my iPad
Original Message------
Christine: I sat on a MESP panel in Bergen with a similar situation. From what I recall, the matrimonial judge appointed a guardian ad litem for the litigant whose cognition was in question. The guardian ad litem, an attorney, then hired an attorney to handle the divorce proceedings.
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Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ
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