Filing for divorce for other people?

[TragicMonkey]

http://story.news.yahoo.com/news?tm...=/ap/20050301/ap_on_re_us/brain_damaged_woman

Terri Schiavo's parents asked a judge Monday to allow the severely brain-damaged woman to divorce her husband, accusing him of adultery and not acting in his wife's best interests.

We have filed divorce proceedings because of (Michael Schiavo's) total disregard for Terri as his wife," Bob Schindler said. "He is married to Terri, but he is living with another woman and he has two children by her. It has become quite obvious that his priorities are not in Terri's best interest."

"Remaining married to him is an embarrassment," Gibbs said.

Okay, I know that the whole feeding tube/right to die thing is the real issue....but how on earth is it possible to file for divorce on someone else's behalf?!

 

[Ladyhawk]

Okay, I know that the whole feeding tube/right to die thing is the real issue....but how on earth is it possible to file for divorce on someone else's behalf?!

I'm not an attorney, TM, but I suppose it could happen, in some instances...

I had a friend whose wife was diagnosed as a chronic schizophrenic some time ago. She was incapable of making any kind of decision for herself. The State appointed an attorney on her behalf, he got an attorney and the divorce was finalized about 6 months later.

Sounds like Schiavo's parents are attempting to do something similar. I think it's a good provision to have in the law; the ability to have an attorney represent you in the event that you became too incapacitated to defend yourself.

Needless to say, this whole thing has become nothing more than a carnival for the media and I believe Schiavo's parents are just throwing oil on the media fire with this latest attempt.

My heart goes out to Terri Schiavo, though. Imagine 15 years of being imprisoned in your own body, your parents fighting to keep you in that vegetative state as long as it takes in the hope you'll recover ...

Wouldn't this also answer Michael Schiavo's dilemma as well, I wonder? Shouldn't he be in favor of this divorce? His life wouldn't be held hostage anymore either if a divorce were granted, ....right?

 

[Random]

Re: Re: Filing for divorce for other people?

Wouldn't this also answer Michael Schiavo's dilemma as well, I wonder? Shouldn't he be in favor of this divorce? His life wouldn't be held hostage anymore either if a divorce were granted, ....right?

You're assuming that his sole motivation in this case is one of personal interest. If, while he and his wife were together before her illness, she repeatedly said to him that she would rather die than live like that, and made him swear on his love for her that he would not let that happen to her, he might be motivated out of love for his wife.

If he wanted a divorce, he could have gotten one years ago.

 

[Ed]

I don't see how the parents have standing to do this. More PR bullsh!t I think.

 

[Ladyhawk]

I don't see how the parents have standing to do this. More PR bullsh!t I think.

I agree with you, Ed...on this and the observations in your previous post. I hadn't considered that maybe Michael is desperately trying to honor his wife's wishes and needs to remain married to her in order to help ensure that....

I empathize with the fact that her parents are clinging on to every hope that Terri can recover. But, 15 years? It is nothing short of inhumane treatment, in my humble opinion and I wonder how her parents can even sleep at night.....

 

[Michael Redman]

The parents will try to get the court to grant something like a limited power of attorney to make decisions for her, arguing that she can not make these decisions for herself, and that her husband (who may already have power of attorney?) is unfit to make this decision for her.

I assume they already tried this argument when they went to court before, as they tried to get the court to let them make the life-or-death decisions for her instead of the husband. I assume the argument failed, and they now go back to court wanting only to make marriage decisions for her. And then, once divorced, they'll return to say they're better representatives than her ex-husband. I would be dissapointed of the court gave this any serious consideration.

 

[Tmy]

Were her parents declare her Guardian?? I would think her husband would have been given that duty.

Can he counter sue for lack of affection?

 

[Ladyhawk]

Can he counter sue for lack of affection?

Ouch. That was cold, dude.
Funny..
but COLD.....