FAMILY LAW ARTICLES

Leading Factors of Divorce In Long-Term Marriages

There are countless reasons why people may file for divorce. Particularly during the past 12 months, there are several high-profile couples who have made the decision to end their marriage. This includes the Bezos marriage as well as the recent announcement that Bill and Melinda Gates are making the decision to end their marriage. In some situations, there may be a new love interest. In other tragic marriages, there may be domestic violence that prompts a divorce. In some situations, dementia may play a role in ending a marriage. What should couples do in this case?

Children Might Prompt Parents To Seek a Divorce

In some situations, it is actually children who are prompting their elderly mother or father to seek a divorce. A few reasons why this might be happening include:

• Children might be concerned that dementia is leading to violence in the marriage
• Children might be worried that dementia in one parent is impacting the mental health of the other parent
• Children could be concerned that their parent is no longer physically able to take care of their spouse with dementia

For this reason, it might actually be the children who are pushing their parents to get a divorce for the well-being of each parent.

There Could Be Situations Where a Conservatorship Is Better Than a Divorce

When a long-term marriage comes to an end, this can be emotionally devastating. Therefore, parents have to consider all options available. As symptoms of dementia continue to escalate, the best solution might not be a divorce. A conservatorship could be better because this arrangement can protect the estate. If a long-term marriage ends in divorce, there could be a lot of money involved. When so much money changes hands, it can significantly shrink the value of the estate.

A conservatorship can solve a lot of problems that divorce would otherwise create. Furthermore, a conservatorship can still address many of the issues created by dementia. In some cases, the other spouse is the conservator; however, the spouse with dementia might seek a dissolution of marriage in this case. There might also be a court investigator who comes out and investigates the situation. While a conservatorship might not be easy to get, it could be an alternative to divorce.

Discuss All Options with a Legal Professional

When one spouse develops dementia in his or her old age, this can be devastating for family members and friends. It is important to protect the individual, protect the other spouse, and protect the estate. A legal separation, divorce, and conservatorship are all options. The mental state of each spouse, the status of the estate, and the current state of the marriage all have to be considered. Spouses and their children should meet with a legal professional to review the benefits and drawbacks of each option before making a decision. That way, they can do what is best for the couple and the estate.