It took a long time for that dissent to be a basis to change the law. But it did when the Supreme Court revisited the right of a guardian to initiate a divorce case on behalf of a ward. Karbin v. Karbin, 2012 IL 12815 (Ill. 2012). The Justices summed it up when they stated: “This ensures that the most vulnerable members of our society are afforded fundamental fairness, equal protection of the laws and equal access to the courts. Therefore, In re Marriage of Drews is hereby overruled.”
Divorces are always traumatic and difficult even under the best of circumstances. When one of the parties is under a disability, it is even more so. At least now the court can make sure that there are protections for the disadvantaged spouse who may be under a disability. Sometimes only a court can ensure that an able spouse takes care of the needs of a disabled spouse and a divorce may be the best method to achieve that.