Uncontested no-fault divorce isn't a formula that works in every case. That certainly applies if one of the spouses in a marriage is suffering from Alzheimer's disease. In uncontested divorce in Pennsylvania, both parties have to be able to give mutual consent to all the aspects of the proceedings. That's not likely to be possible if one spouse with Alzheimer's can't even remember their marriage.

Still, the question is an interesting one, and it's getting a lot of attention in the wake of what evangelical minister and political figure Pat Robertson had to say about it recently. What sparked the debate was Robertson's observation that long-term Alzheimer's might be considered a sort of death. If one accepts that, he suggested, a spouse could justifiably seek a divorce so that he could get on with a new life. But he said the affected spouse's welfare and care would have to be fully assured as part of any action.

The immediate reaction from most quarters was one of horror. In the ensuing days, though, some ministers, especially those who deal with Alzheimer's patients on a regular basis, have come forward to suggest that maybe Robertson isn't so far off the mark.

They point out that one of the most gut-wrenching aspects of Alzheimer's is that, as it progresses, it strips loved ones from each other. A spouse who serves as a caregiver to the other runs the risk of gradually becoming a stranger and maybe a target of violent anger and attacks. The afflicted person, forgetting they are married, might also develop a love relationship with another patient in their care facility.

So the question remains, is divorcing a spouse with long-term Alzheimer's acceptable?  If one decides that it is, proceeding in Pennsylvania is possible, but while such a divorce might qualify as no-fault and uncontested, it would be neither simple nor low cost.  Moreover, there is the likelihood that the party seeking the divorce will remain financially responsible indefinitely for the former spouse after the divorce.

As we noted earlier, it's not a question applicable to healthy couples seeking uncontested, simple divorce. But it is intriguing.

Source: Palm Beach Post, "Was Pat Robertson right on Alzheimer's divorce?," Sept. 19, 2011