NJSBA Family Law Section

Colleagues,  I have been retained to represent a party whose wife has been institutionalized for two years and is incompetent due to Wernicke-Korsakoff syndrome secondary to alcohol abuse. It is a 12 year marriage with no children and very little property. The wife's needs are currently being met by a combination of medicare and medicaid. I know the wife needs a Guardian but her parents are deceased and she has no siblings. Do I file a complaint for divorce and then a motion or OSC to have a guardian appointed? On whom should I serve the pleadings? Does my client have to file a guardianship application in chancery before he files for divorce? Any advice would be helpful.  Thank you.

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Craig S. Laughlin, Esq.
Gale & Laughlin LLP
Certified Matrimonial & Civil Trial Attorney
2814 Highway 35
Hazlet, NJ 07730
Phone (732) 264-6000
Fax (732) 264-6796
[email protected]
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Possibly, a guardianship action should be filed first; husband files a petition with the Surrogate asking that the Office of the Public Guardian (OPG) be appointed as guardian of person and property of the Wife.  Once the OPG has been appointed (4-6 weeks later), serve the Complaint for Divorce on the Wife via the OPG who will be acting on her behalf.  The guardianship action requires specific forms.  I don't see how this could be combined in one action.  Wife has to be declared an incapacitated person first.

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Mary Jane Leland Esq.
Leland Law Firm, LLC
Freehold NJ
(732)409-7777
[email protected]
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Original Message:
Sent: 09-05-2017 08:45
From: Craig Laughlin
Subject: How to Proceed Against an Incompetent Spouse

Colleagues,  I have been retained to represent a party whose wife has been institutionalized for two years and is incompetent due to Wernicke-Korsakoff syndrome secondary to alcohol abuse. It is a 12 year marriage with no children and very little property. The wife's needs are currently being met by a combination of medicare and medicaid. I know the wife needs a Guardian but her parents are deceased and she has no siblings. Do I file a complaint for divorce and then a motion or OSC to have a guardian appointed? On whom should I serve the pleadings? Does my client have to file a guardianship application in chancery before he files for divorce? Any advice would be helpful.  Thank you.

------------------------------
Craig S. Laughlin, Esq.
Gale & Laughlin LLP
Certified Matrimonial & Civil Trial Attorney
2814 Highway 35
Hazlet, NJ 07730
Phone (732) 264-6000
Fax (732) 264-6796
[email protected]
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Original Message------

Colleagues,  I have been retained to represent a party whose wife has been institutionalized for two years and is incompetent due to Wernicke-Korsakoff syndrome secondary to alcohol abuse. It is a 12 year marriage with no children and very little property. The wife's needs are currently being met by a combination of medicare and medicaid. I know the wife needs a Guardian but her parents are deceased and she has no siblings. Do I file a complaint for divorce and then a motion or OSC to have a guardian appointed? On whom should I serve the pleadings? Does my client have to file a guardianship application in chancery before he files for divorce? Any advice would be helpful.  Thank you.

------------------------------
Craig S. Laughlin, Esq.
Gale & Laughlin LLP
Certified Matrimonial & Civil Trial Attorney
2814 Highway 35
Hazlet, NJ 07730
Phone (732) 264-6000
Fax (732) 264-6796
[email protected]
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