In Re the Marriage of Denowh

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• taking its “cue” from other states’ cases, the Montana Supreme Court examined its “own statutes governing the guardian/ward relationship” to determine if a guardian could bring a divorce action for her ward
• “[W]e conclude that it would be inappropriate for the guardian of an incapacitated person to have the power to bring or maintain a dissolution proceeding on behalf of his or her ward.”
• statute which gave the guardian of an incapacitated person “the same powers, rights, and duties respecting his ward that a parent has respecting his unemancipated minor child” did not authorize divorce because, “[b]y definition,” an unemancipated child is unmarried

Source: CourtListener parenthetical corpus (CC0).