In the U.S., is it possible to divorce a spouse who is in a coma or
vegetative state?

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Request for Question Clarification by pinkfreud-ga on 17 Dec 2004 20:42 PST

Laws related to divorce vary from state to state. Which state are we considering?

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Clarification of Question by monroe22-ga on 18 Dec 2004 03:59 PST

Pink:  As I framed the question, I suspected that the law, as usual,
would vary from state to state. Let's use good old California, the
cutting edge of bizarre legal issues.
monroe22

Thanks for accepting my remarks as your answer.

While researching this, I came across several references to the
dissolution of marriage in cases where one spouse had been formally
adjudged incompetent. It is my belief that, in general, a comatose
person (or a person in a persistent vegetative state) can be divorced
if court proceedings have formally established mental incompetence.

After a guardian for the comatose spouse has been appointed by the
court, that guardian has the power to initiate divorce actions in
behalf of the disabled individual; the guardian also has the power to
contest the terms of a divorce if action is filed by the disabled
person's spouse. In general, such a guardian can act as if he or she
actually is the disabled person.

Several years ago, a former co-worker of mine divorced her husband in
California. The husband was institutionalized, suffering from
schizophrenia of several years' duration. The husband's legal guardian
(in this case, a cousin) did not contest the divorce, and things
proceeded smoothly. Fortunately, there were no children, and no
financial support was requested from the husband. The situation would
undoubtedly have been more complicated if the guardian had fought the
divorce.

Best,
Pink

Pink, once again, your answer is a model of clarity.
monroe22

This article about the famous Schiavo case may be of interest:

http://www.rense.com/general44/wh.htm

There's an odd twist here. The divorce was sought by the guardian for
the comatose spouse:

"A divorce granted by an Oakland County [Michigan] judge to a comatose
woman has been upheld by the state Court of Appeals, even though her
husband wanted to stay married. In a unanimous decision released
Wednesday, the Michigan Court of Appeals upheld the 2001 divorce of
JoAnn Houghton Johnson, 52, and Ronald Keller, 54. Houghton Johnson
has been in a coma since a 1994 car accident. Her brother, Jon
Houghton, was appointed her guardian and sought the divorce on her
behalf, claiming Keller had been abusive prior to the accident, and
continued the abuse in the nursing home. The ruling prevents Keller
from seeking his ex-wife's $1.5 million estate. An appeal is planned."

http://www.detnews.com/2003/oakland/0304/24/b04-145540.htm

Here's another famous case:

http://www.biography.com/cgi-bin/frameit.cgi?p=http%3A//www.biography.com/tv/listings/cvonbulow.html

Pink:  This is getting too complicated for my tiny mind. Post your
comment as an answer and I wiil honor that
monroe22

Thank you very much for the five stars and the lavish tip!

~Pink

I'm having a really hard time with this whole case. It hits very close to home.

A friend of the family was severely injured in the Sbarro's bombing in
2001 and has been in a coma ever since. Her parents have been at her
bedside almost constantly since then. Her husband has recently applied
to be allowed to remarry. I look at the pain his application has
caused her family (and I completely agree with his decision, I really
believe that she isn't coming back, he has a child who is growing up
with no mother, he's pushing 40, and getting remarried is only getting
harder as time goes by) and I think - if that's what his 'giving up'
does to her parents, I can't even begin to imagine what would happen
if he wanted to pull the plug on her. I think - Geez - her parents
have suffered so much, let them at least have the comfort of knowing
they did everything possible for Chana.

http://www.geocities.com/racharik/chana.html (my sister made a site
for her - any revenue from the site goes directly towards Chana's
care. but more importantly, please pray for Chana)

So.. Terry Schiavo... I can't even imagine... her poor parents.