Dennis Hopper’s divorce attorney says in a court filing that the actor is dying and can’t undergo chemotherapy as he battles prostate cancer, leaving him too weak to testify in his own contentious divorce from wife Victoria Duffy-Hopper.

Per PopEater:

His attorney, Joseph Mannis, states in the filing — obtained by TMZ — that because Hopper is so terminally ill, he is unable to defend himself in divorce proceedings. “It is doubtful that Mr. Hopper will ever recover sufficiently to be subject to a deposition,” one of the actor’s doctors declared.

Hopper, who is battling advanced prostate cancer, has been conducting his bitter divorce from his sickbed. According to Dr. David Agus, Hopper is in grave state and weighs less than 100 pounds, stating that he believes being questioned by his wife’s lawyers “could actually threaten his ability to survive the current health crisis.” Hopper’s assistant Emily Davis stated that he was “extremely weak” and unable to talk for more than a few minutes at a time because “he’s not able to concentrate and tires quickly.” In previous court documents, Hopper had said he hoped chemotherapy would be successful and that he could recover.

Last month, a judge ruled that Duffy-Hopper must stay at least 10ft away from her husband after the actor said he wanted to eliminate unnecessary stress. In previous papers filed Hopper claimed his wife had engaged in “outrageous conduct” over the past year. He alleges she has been difficult over visitation rights for their six year old daughter Galen. Hopper also believes his estranged wife stole valuable artwork and other property, including silver flatware, Egyptian cotton linens, Venetian glass pieces and wood furniture from Africa, with a total worth of more than $1.5 million. Duffy-Hopper claims that he threatened her, smoked marijuana around their daughter, and that his illness had left him unable to make sound decisions. She has also claimed that he filed for divorce so that he could cut her out of her inheritance. Also in the documents, Hopper objected to changing the provisions of his $1 million life insurance policy as requested by Duffy-Hopper. Currently, she will receive $250,000 and the balance will go to his estate, which Hopper said he has already set up to for their daughter and his three other adult children to receive a “substantial portion.”

Hopper is known for his classic roles in movies including “True Grit,” “Rebel Without a Cause,” and “Waterworld.” It was recently announced that Hopper will receive a star on the Hollywood Walk of Fame this Friday.