(1) The guardian may petition the court for authority to commence and maintain an action for dissolution of marriage or legal separation on behalf of the ward. The court may grant such authority only if satisfied, after notice and hearing, that:
(a) It is in the best interest of the ward based on evidence of abandonment, abuse, exploitation, or other compelling circumstances, and the ward either is incapable of consenting; or
(b) The ward has consented to the proposed dissolution of marriage or legal separation.
(2) Nothing in this section shall be construed as modifying the statutory grounds for dissolution of marriage and legal separation as set forth in section 14-10-106, C.R.S.
Source: L. 2000: Entire part R&RE, p. 1800, § 1, effective January 1, 2001 (see § 15-17-103).
ANNOTATION
Law reviews. For article, "Marriage, Divorce, and Annulment When One Party is Arguably Incapacitated", see 43 Colo. Law. 39 (Feb. 2014). For article, "Guardians ad Litem — Part 2: Serving Adults with Diminished Capacity in Domestic Relations Matters", see 51 Colo. Law. 40 (Aug.-Sept. 2022).
A nonlawyer conservator or guardian in this state is a statutory legal representative only and is therefore prohibited from practicing law and serving as legal counsel in court. The powers granted to conservators under § 15-14-425 and to guardians under § 15-14-315 and this section do not establish an exception to § 12-5-101 regarding the practice of law. In re Kanefsky, 260 P.3d 327 (Colo. App. 2010) (decided prior to 2017 amendments relocating article 5 of title 12 to article 93 of title 13).