In the Matter of John Salesky and Jacqueline Salesky

Summary

The court affirmed the divorce decree, holding that the probate court had authority to empower the co-guardians to maintain the divorce action because the guardianship order expressly granted that authority and the governing guardianship statutes permit additional duties when in the ward’s best interests. The court also upheld exclusion of undue-influence evidence based on the prior probate ruling, the findings that the petitioner had capacity to initiate the divorce and that the marriage had irretrievably broken down, and the property distribution. The respondent’s constitutional challenge was rejected, and her challenge to consideration of marital asset transfers was unsupported by the governing statute.