Marriage can be characterized as a connecting link that allows you to create a new cell in society. Undoubtedly, the state, as well as society itself, is interested in creating a strong and satisfying the general requirements of family ties, which will ensure full-fledged upbringing and socialization for the new generation. However, the disintegration of a family in modern times is a fairly common phenomenon that should not be characterized as something negative, because there are cases when the joint life of spouses becomes impossible. Of course, the forced preservation of this kind of relationship, which leads to an imbalance of the concept of "family" will violate the norms of morality and morality in general. In the current legislation, there are problems, primarily related to the dissolution of a marriage with an incapacitated person in court. So the legislator did not provide for some relations related to the procedure for the dissolution of a marriage by an incapacitated person: the procedural actions of the guardian of an incapacitated spouse. The author examines the process of dissolution of marriage with an incapacitated person, touches upon the problems associated with the activities of the guardian of an incapacitated person, determining shortcomings in legislative regulation and requiring the legal attention of the legislator. The procedural problems of the procedure for the dissolution of marriage with an incapacitated person were also identified and ways to solve them were proposed.