In Re the Marriage of Gannon

Two questions are presented: (1) Does the court have jurisdiction to award separate maintenance independent of a statutorily authorized action for marriage dissolution? (2) Does a guardian ad litem (GAL hereafter) have authority to seek the dissolution of the marriage of the incompetent spouse?

First, the facts. The parties were married in 1964, the third marriage for each. After a separation of about 16 months, the wife sought an order of separate maintenance. She specifically alleged that the marriage was not irretrievably broken. A GAL was appointed to represent the husband in this action.…