Family Law – Divorce Decrees
Douglas W. Alexander
Alexander Dubose & Jefferson, for Petitioner
In The Matter of The Marriage of Carlos Y. Benavides, Jr. and Leticia R. Benavides
The issues in this case are (1) whether, and in what circumstances, a guardian may petition for divorce on behalf of a ward and (2) the effect of one spouse’s death on the appeal from a divorce decree.
Carlos and Leticia Benavides married in 2005. Carlos was later placed under a guardianship. Carlos’ guardian—his adult daughter, Linda—separated Carlos from Leticia.
In 2018, Linda filed a petition for divorce on Carlos’ behalf. Linda moved for partial summary judgment that the divorce should be granted because Carlos and Leticia lived apart for more than three years—a no-fault ground for divorce under the Family Code. The trial court granted Linda’s motion and rendered a final divorce decree. Leticia appealed, but while her appeal was pending, Carlos passed away. The court of appeals concluded that Carlos’ death mooted Leticia’s appeal of the partial summary judgment granting the divorce, but it otherwise affirmed the divorce decree and its disposition of the couple’s property.
Leticia petitioned for review, arguing that her challenge to the divorce decree is not moot, that a guardian cannot petition for divorce on behalf of a ward, and that a living-apart divorce requires that at least one of the spouses voluntarily separated. The Supreme Court granted the petition for review.
Case documents can be viewed here.
The recording of this argument can be found on YouTube.