Samis v. Samis, 2011 VT 21 (Johnson, J.)
Husband appeals the decisions of the Orleans Family Court granting divorce, distributing property, and awarding spousal maintenance after wife’s guardian filed for divorce on her behalf. Husband argues the trial court erred in denying his motion to dismiss wife’s divorce action because her guardian lacks standing to initiate a divorce proceeding on her behalf.. We agree with husband that the lower court erred in its denial of his motion to dismiss. Accordingly, we reverse.
A century and a half ago, we held that “the right to bring [a divorce] petition is strictly personal.” Richardson v. Richardson, 50 Vt. 119, 121-22 (1877) (holding that because right to bring divorce petition is strictly personal, person under only financial guardianship can bring petition in own name). We have not revisited this particular issue in modern times.
Like the majority of jurisdictions around the country, we continue to conclude that the right to end a marriage through divorce is volitional and personal such that the Legislature did not intend, through a general grant of authority, to permit it to be carried out by a guardian. Without specific authority in 14 V.S.A. § 3069(c)(6), therefore, guardian was without power to file a divorce on wife’s behalf.
Like the majority of jurisdictions around the country, we continue to conclude that the right to end a marriage through divorce is volitional and personal such that the Legislature did not intend, through a general grant of authority, to permit it to be carried out by a guardian. Without specific authority in 14 V.S.A. § 3069(c)(6), therefore, guardian was without power to file a divorce on wife’s behalf.
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