Mrs. C

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Spouse has Dementia and isn't signing his lawyers retainer document but has paid them the fee. He is stalling on the divorce and I need to know can a divorce be granted without his consent? he has deemed other people as his Powers of Attorney after 25 years of marriage so he will be taken care of although they haven't helped me with him when he is difficult.

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Lorrie Stojni, B.A., M.A., LL.B.

11 years ago

There is a difference between a contested separation and an uncontested divorce. If the only relief you are seeking is a divorce (which is a nullification of the marriage), your former spouse's consent is not required. He must be served with divorce papers and the matter continues from there. I suggest you contact legal counsel in your area to initiate divorce proceedings.

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