Monday, August 22, 2016

Mentally Incompetent Divorce Proves a Tough Case for Kentucky Justices

88 year old former Jesuit brother, Elmer Riehle, may wish to divorce but may not be able to do so even though his wife, Carolyn Riehle, agrees that their marriage is irretrievably broken, as reported by ABC.

Divorce lawyers, which can be found using this incredible digital tool Divorce.USAttorneys.com, explain that the catch here is that Carolyn is not only Elmer’s wife but also his guardian since 2008. She is his court-appointed warden since 2008 when a six-member jury ruled him mentally incompetent.

Elmer is reported to have wasted plenty of the family’s money on online overseas scammers. Carolyn’s divorce attorney says Elmer has sent thousands of dollars to who he believes is a Nigerian royal prince. However, he was determined to find other ways to make those payments and on one occasion sold the lawnmower to fund his fantasy of becoming richer by $24 million one day by a ‘royal prince’.

It looks like Riehle needs to not have access to any money. Those Nigerians scammers are annoying. It is sad that this country can only do this to make money.

If you need a divorce lawyer USAttorneys.com is your Godsend. Legal help can be right around the virtual corner. If you have any questions, contact us and we will call you back and help you find the legal assistance you need. If you think your situation cannot grow any more stark, you are incorrect. It can!
Wife appointed as guardian

Back in 2008, a Kentucky jury declared that Elmer was mentally incompetent and named Carolyn as his guardian. However, miffed by the $200 cap on his income, Elmer sought a divorce in 2013 and a hearing in the state Supreme Court.

He claims he’s been a prisoner in his own home ever since the court’s order to appoint Carolyn as his guardian. In an affidavit filed in 2013, he claimed that his wife took the opportunity to take control over all his affairs just because of a few bad financial decisions he made. Many people believe that is all that it should take.

When you start believing in Nigerian princesses, your financial access should be revoked! Delusions of grandeur have seemingly consumed his mind.

Kentucky does not permit divorce by mentally incompetent individual

The Kentucky Supreme Court is now hearing arguments in the case. Divorce attorneys explain that since 1943, state law does not permit a mentally incompetent person to divorce. It is one of 10 states to have such a law. Incidentally, Elmer was diagnosed with frontal lobe dementia when he filed for divorce in 2013. His case is the first to reach the Kentucky Supreme Court.

However, Carolyn’s argument is that her husband does not understand his actions and that his dementia made him vulnerable to scams, which was evident by the thousands of dollars he squandered on it during their marriage. On the other hand, Elmer’s divorce lawyer said his client had not only the ability to find legal help and verify the divorce petition but also drive himself to legal appointments and court hearings without any help, and therefore cannot be deemed mentally incompetent.

Carolyn, if someone is making terrible financial decisions, why don’t you want to divorce them?

Justices struggle over Elmer’s situation

The Kentucky Supreme Court justices now appear perplexed at Elmer’s situation where he has spent thousands of dollars on scammers and was able to drive a car until up to a year ago. On the other hand, Carolyn has now had to hire and pay for a taxi service whenever he needs to go anywhere while she works as a full time nurse.

Justice Mary Noble observed that the situation seemed a bit ridiculous for a person who was declared mentally incompetent. The justices have touched upon several aspects of the couple’s relationship. Justice Noble pointed out that it was difficult to determine exactly when guardianship prohibits an individual from making personal decisions.

Meanwhile, if you need help with alimony, child support, or any other related issues, make sure to consult a divorce lawyer to protect your rights. 

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