Supreme Court of Vermont
Catherine S. Samis v. Philip Samis
January 18, 20112011 VT 21
Summary
The Supreme Court of Vermont held that a guardian under 14 V.S.A. §3069 lacks authority to file a divorce action on behalf of an incompetent spouse, reversing the family court’s denial of the husband’s motion to dismiss. The Court based its decision on statutory interpretation and the personal nature of the right to divorce.
Holding
- Whether a guardian authorized under 14 V.S.A. §3069 has standing and statutory authority to initiate a divorce proceeding on behalf of a ward who is incompetent.. A guardian does not have authority under 14 V.S.A. §3069 to file a divorce complaint on behalf of a ward; the husband’s motion to dismiss should have been granted.
Docket 10-031
Cited authorities
- Rule 4(b)(1)(A)
- Rule 4(b)(1)(A)
- Rule 4(b)(1)(A)
- Rule 4(b)(1)(A)
- Rule 4(b)(1)(A)
- Rule 4(b)(1)(A)