New Mexico Court of Appeals· 6/3/1994

Nelson v. Nelson

Citations

878 P.2d 335
118 N.M. 17

How courts have described this case

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

refusing to “establish an absolute bar to a divorce action which would effectively leave an incompetent spouse at the mercy of the competent spouse”
most courts that have addressed the issue hold that, without specific statutory authority, a guardian may not bring an action for divorce on behalf of the ward
a guardian has the broad “rights, powers, and duties respecting the ward as a parent has respecting a child,” which may include the right to obtain a divorce
“[M]ost minority-rule courts construe existing statutes authorizing the guardian to pursue and defend civil claims in the interests of their ward to include authority to bring an action for divorce.”
“Jurisdictions deciding this issue in recent years have increasingly adopted the minority view.”
“[S]tates may bar a divorce action prosecuted entirely by the guardian but allow the action to go forward when the ward is capable of understanding the nature of the action and of expressing a desire to end the marriage and does so.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pickard, Apodaca, Hartz

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8 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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