is nothing like truth i generally don't like hypotheticals but let's just assume for the sake of argument that the husband in this particular case is in prison ok here he's living with somebody else in a house that he owns with her i don't care if he's listed on the mortgage as having her as his wife or not it doesn't matter she's still this that out of the mortgage she still listed i mean is a checking account so maybe if he dies you can go and say it was an account of convenience but to me it sounds like a very phony love only situation if i had a caregiver living with me i'd have the power through i would get caregiver and my mortgage this is that it's delving into serious policy questions when a court can rule best interests grounds whether there's barely that he wanted her to pay part of it at first first with those other bills out to k mart listen up those those other matters can be addressed in other ways there's certainly a separation that we use to say that a petition for separate legal separation wouldn't cause and and certainly if this a patient as a bass is becomes part of that proceeding various protection there i don't understand how a petition for separation would be viewed any differently then to perdition for well we can say what we want can't yes i would think that because this comes from the time the divorce division it has to go back there but then it would have to be a mandate at some point and go to the probate division marital home which was obviously gotten rid of i'm not the divorce lawyer the trial for a lawyer in this case but it took care of the end there's a provision in the settlement agreement that says if there are any breaches of this settlement agreement it will be no and void and he wasn't really covered by well i think i think that if you are staying in the eck a cent as you said in that case that gary in under the right circumstances could consent to sterilization which is a totally irreversible and very very personal very personal decision then i think that a guardian should be able to consent so we're divorced which is so impersonal in this case it's it's unbelievable this is only about money this is there's nothing personal if jen feels she's in love with her still wants to call her that's his prerogative but this is only about the money and will give you time for ok thank you very much a guardian may not maintain an action for dissolution of marriage on behalf of warrick it's very simple we do not have a statute in illinois that from vets the guardian to pursue dissolution of marriage under the facts in this case and in fact there is only one statute or piece of the guardianship statute that addresses the guardian's ability to pursue just solution at all and that is that a guardian may only pursue a just close dissolution of marriage if it's clear well ok by way of best interests well in the just case which actually addresses the exact same issue the legislation addressed around the same time a drive very important distinction to determine whether it's in the best interest to allow that proceeding to go forward right what about the situation what if it were true that the spouse of an incompetent was dissipating the asse of the in capital so that the person would no longer have the ability to be cared for should the court take a blind eye to that absolutely not your honor and that is why there are other ways to address those underlying issue th solution of marriage the best interest proceeding could could also get the court the probate court could take control of the assets and and the best and the best interest entered into solution right interest tossed out there is if the best interest arises maybe our common law but my dealing with best interests comes up statutes and until there's a statute that says that we then the best interest hearing can determine whether the disabled person wants a divorce if a best interest hearing cannot determine that i don't know how well my opponent can say that this is a loving