Dallas Divorce Law Blog by Michelle O'Neil

There seems to be an increase recently in Dallas divorces involving elderly people.  As an attorney, I’ve seen a couple of cases recently where elderly folks are getting divorced and their children get involved in the divorce.  These situations are sad, particularly when one of the spouses is suffering from dementia or other disorders that inhibits his or her ability to make decisions for him or herself.  Frequently the adult children will get involved in the divorce and take sides.  Money is often the main source of disagreement involving the adult children.

See this article from the Dallas Morning News about a couple in Ellis County, Texas.  There, the adult children asked the Ellis County divorce judge to allow them to have custody of their elderly father and sue his new wife for divorce.  The Judge found that the elderly man, although he had the beginnings of dementia, seemed to have a good grasp on what was going on.  The man said he loved his new wife and didn’t want a divorce, and he didn’t mind her spending habits.  The adult children were concerned because the size of his estate had been depleted significantly.  The case remains pending and the Judge has ordered an evaluation of the elderly man’s ability to comprehend the proceedings.

Another question I get frequently from potential clients:  What is the difference between a contested divorce and an uncontested divorce?

Answer:  The difference between a “contested” and “uncontested” divorce is generally a matter of how much time your attorney will have to spend analyzing the issues and contemplating the fairness of the settlement.