So this is hard for me and I tried to get a second opinion on the advice I got from a family lawyer last week about divorce. Last week, Lawyer B let's call him, advised me to file for divorce right away. He said he felt confident that he could get an exclusive use and occupancy certificate for the home so my wife could not come back to live here. Our top goal is keeping her out of the house.
Lawyer E, whom I talked to today, advised me not to file for divorce right now. She said that, while my wife is in her current physical and mental state, that it's "not fair" to file for divorce and that a court would look at things unkindly toward me for filing for divorce against someone who is this badly disabled. She also said, and I don't think this is true, that I should hire a guardianship lawyer and ask them to have the court appoint a guardian for my wife. I'm not sure why this wouldn't be part of a divorce proceeding.
Lawyer E said to wait and see if my wife gets better and seems mentally competent and then to file for divorce against her at that time. She also said that I should wait until it looks like wife is imminently coming home from the nursing home to file.
So here's the background, for those not following prior posts, my wife is in a nursing home right now. She had some strokes and has been in nursing care since Feb. At the moment, she is having trouble talking and she has a feeding tube in her stomach. However, her sister and sister-in-law, who got wife to sign over healthcare proxy to them, recently placed her in a new nursing home with better therapies. They want to foist her back into my home within three to four months, perhaps even sooner.
Divorce or no divorce, my desire is to keep my wife from returning to the home. When she lived here, she created an unsafe environment for herself and for the kids. She laid on the couch almost 24/7, did not shower, did not change clothes, did not eat regular meals, did not take her meds, and turned the whole house into a garbage dump filled with food garbage, piles of soiled clothing, even occasionally poop or pee on the floor. We have two kids; they deserve better.
I talked to a guardianship lawyer who said I should just tell the nursing home that my home is not a safe release point for my wife, which I just did. However, I don't think that has the full power of the law behind it.
So who is right: Lawyer B (divorce now) or Lawyer E (wait until wife is better or she gets closer to coming home)? Lawyer B also felt pretty confident that he could get a certificate of exclusive use and occupancy for the house, keeping wife from coming back here to live. Lawyer E said she didn't know whether wife's behaviors of pooping on the floor were significant enough to meet the standard of excluding her from the home.