Wife says Dennis Hopper well enough for court

May 13, 2010, 9:34 GMT

Dennis Hopper's estranged wife insists he is well enough to appear in court.

The veteran actor - who is battling terminal prostate cancer - is in the middle of a bitter divorce battle from Victoria Duffy and though his lawyers have insisted he is too ill for a deposition, her legal representatives insist his recent behaviour proves he is capable of attending.

Papers filed by her attorney, Mirka Royston, state: "Victoria fully appreciates the gravity and seriousness of Dennis' illness but he is not bed-ridden and continues to engage in travel plans and various activities."

The filing cites his recent activities as including the planning of a retrospective of Hopper's photographs and paintings scheduled to open at Los Angeles' Museum of Contemporary Art in July, his induction to the Hollywood Walk of Fame last month, and a recent family trip to New Mexico on a private plane.

In addition, they allege he has been making weekly visits to medical marijuana dispensaries - spending between $329 to $713 on the drug at a time - and running daily errands, according to his credit card reports.

Victoria states she's not trying to put "extra stress" on Dennis, but thinks it is essential that he participates fully in proceedings.

Lawyers for 73-year-old Dennis - who was diagnosed with advanced prostate cancer in October 2009 - filed papers in March stating he is too ill to appear in court.

They stated: "It is doubtful that Mr. Hopper will ever recover sufficiently to be subjected to a deposition."

Last month, a court ordered the actor to pay Victoria $8,000 a month in spousal support and $4,000 in child support for their seven-year-old daughter Galen.

Against the wishes of the 'Easy Rider' star - whose legal team described him as "desperately ill" - the judge also ruled that Victoria, his wife of 14 years, can continue to live on the actor's compound in Venice, California, until the details of their divorce are settled..

The rulings come after months of arguments between the former couple - which has seen Victoria allege the actor's three children from previous marriages have turned him against her and want her to be cut from his will, while Dennis applied for a court order that ensured his 42-year-old spouse must stay at least 10ft away from him in order to eliminate unnecessary stress.

Further hearings are due to take place this month.