Court of Appeals Issues Second Opinion This Year Holding…

Family Law Case Review
Case: In Re the Marriage of Leora McGee v. Robert McGee
by Mike Kohlhaas, Bingham Greenebaum Doll

HELD: Court of Appeals issues a second opinion this year holding that Indiana statute provides no authorization for a guardian to file a petition for dissolution on behalf of his or her ward.

FACTS AND PROCEDURAL HISTORY:
Husband and Wife married in 2009. In 2012, while Wife was in the hospital, Husband’s daughters moved Husband to a nursing home in Michigan. Shortly thereafter, the daughters were appointed co-guardians of Husband’s person and estate.

Two months after their appointment, the daughters filed a petition for dissolution of marriage on Husband’s behalf. A final hearing was held, at which one of the daughters testified to an irretrievably broken marriage, while Wife testified the marriage “was never broken.” Husband did not personally appear or testify. After the hearing, the trial court issued a decree granting the dissolution of marriage. Wife appealed.

The Court of Appeals reviewed the related case law, including its Tillman case from earlier this year. Again concluding that Indiana statute does not provide for a guardian to file a petition for dissolution on behalf of his or her ward, the trial court erred by granting the dissolution. The dissolution was reversed.

To view the text of this opinion in its entirety, click here: In Re the Marriage of Leora McGee v. Robert McGee

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While significant efforts are made to ensure an accurate summary and reproduction of each opinion, readers are advised to verify all content and analysis with a traditional case law reporter before relying on the content and analysis offered here.

The Matrimonial Law Group of Bingham Greenebaum Doll, LLP is one of the largest full-service matrimonial and family law practices in the State of Indiana. We represent clients in a wide spectrum of family law matters, including premarital agreements, cohabitation, separation, divorce (especially involving high net worth individuals and/or complex asset issues), custody, parenting arrangements, adoption, and domestic partnerships. Bingham Greenebaum Doll, a multidisciplinary law firm serving regional, national, and international clients, is the fourth-largest law firm in Indiana. The firm’s main practices include corporate, property, litigation, labor, government law, and personal services law. Visit the firm’s website at www.bgdlegal.com.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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