Sorry. Common sense has little or nothing to do with the law. As someone once said, "The law is an a**."
They probably don't grant a divorce because one of the spouses has to request it first. Michael won't do it for perhaps several reasons and I believe one is that his girlfriend and mother of his two kids wants to marry Michael in the Catholic church and divorce won't cut it. Terri can't request it because Michael is her legal voice and he won't.
I don't know if a spouse has to request an annulment and I haven't seen any discussion as to whether that has been sought by Terri's parents. Surely, if the Kennedy boys can get an annulment, Terri ought to qualify for one. But,that is an ecclesiastical matter and has no legal effect. It would take care of the remarriage issue.
It is a tragic situation and Michael is holding all the cards. I have little doubt that most, if not all, the money is now gone and even insurance proceeds would be eaten up by legal fees unless the cases are being handled pro bono and even then costs would eat up a lot.
I hope Michael will just walk away from this one, sign Terri over to her parents, write a blockbuster book, make his kids legitimate and live a private life again. I think it would be win-win for all.
Ultimately the court is her guardian. If the appointed guardian has a conflict of interest in a particular decision, the court should so find and appoint someone who does not, or take the decision on itself, in which case interested parties can weigh in on a particular matter.
Clearly that hasn't happened in this case, or Greer has considered it and denied it. In which case, he has once again demonstrated his unfitness to consider the case.
The irony is(gross understatement)that the girlfriend has had children with Schiavo, would be a partner in murder but "wants a Catholic wedding" when they've killed Terri. Even the Pope has spoken against removing feeding. Mind boggling. But then this entire issue is mind boggling. It is total insanity to me that a court could take a husband's word that Terri wanted to die. No living will, nothing.
Michael can probably have the marriage annulled.