Dennis Hopper: My Wife is Killing Me

2/11/2010 8:05 AM PST

Dennis Hopper: My Wife is Killing Me

Dennis Hopper has filed legal papers in his bitter divorce case ... Dennis says he's perfectly capable of making decisions, and his doctor claims the less Dennis has to do with his estranged wife, Victoria, the longer he will live.

In the documents, Dennis' lawyer, Joe Mannis, says while his client battles advanced prostate cancer, Victoria has "repeatedly subjected [him] to severe emotional distress."

According to Dr. David Agus' declaration, "The presence of his estranged wife is hampering Mr. Hopper's present cancer care..." Dr. Agus added, "It is my belief and recommendation that the less Mr. Hopper has to do with his estranged wife at this time, the more likely he is to have his life extended."

Dennis is asking the judge for an order keeping Victoria 15 yards away from him and barring her from his residence.

Dennis filed for divorce against Victoria last month. She claims Dennis' adult children are pulling his strings and want to cut her out of his will. In their declarations, Dennis and his doctor say the actor is of sound mind to make his own decisions.

Under the prenup between Dennis and Victoria, if they divorce she loses her 25% cut of Dennis' estate.

In Dennis' declaration, he says Victoria's mother "...told me in November of 2009 that I should simply leave the bulk of my property to [Victoria] as I was going to die soon. I found this statement distressing, inappropriate, bizarre, and disturbing."

Dennis also says last December, Victoria and her mother woke him up in the middle of the night and grilled him about how much money and property Victoria would get when Dennis died.

As for Victoria's claims that Dennis smoked medical marijuana in front of their young girl, he says he has never smoked in front of the child. Dennis says Victoria's demand that he not smoke within six hours of seeing their daughter is "an absurd request." He says he would agree to not smoke pot within one hour of visitation.

Dennis is asking for daily visitation rights to 6-year-old Galen between 5 and 7 PM.

We're told the prenup says Victoria must leave Dennis' compound where she currently resides, 60 days after divorce papers were filed -- so the move-out date would be March 11.

And Dennis wants Victoria to give him his stuff back, mainly artwork.

Restraining Order in Dennis Hopper Case

TMZ was in court this morning in the Dennis Hopper/Victoria Hopper divorce case, where the judge just ruled Victoria must stay 10 feet away from Dennis, his adult son, Henry, his daughter, Marin and his assistant, Emily Davis.

The judge also ruled Victoria may not enter the main Dennis Hopper residence in Venice, CA or any other portion of the property other than the unit where Victoria is currently living. The judge ruled Victoria can stay in the unit until the agreed date in the prenup. As we first reported, under the prenup, Victoria must leave the unit on March 11 -- 60 days after the divorce petition was filed.

The judge also gave Dennis visitation rights to their daughter, Galen, every day between 5 and 7 PM.

She will also get the exclusive use of their 2002 Jaguar.

Dennis Hopper Prenup -- He Gets Everything

The judge in Dennis Hopper divorce case just unsealed a copy of the prenuptial agreement Dennis had with estranged wife Victoria, and unless she gets the prenup invalidated ... she's screwed.

Prenup Hightlights:

-Dennis keeps all his property -- which includes a house and a condo in Venice, a building in New Mexico on 320 acres, land in Arizona and a number of other properties.

-Dennis keeps his "separate property pension and retirement benefits."

-Dennis keeps his huge collection of fine arts worth over $2.5 million -- including a $350,000 painting by Jean-Michel Basquiat.

-Victoria has to move out of his house within 30 days of either party filing for divorce ... but it's bumped up to 60 days if they have a child together, which they do.

And here's the kicker: Victoria was guaranteed a $250,000 life insurance policy and 25% of everything in his will ... but only if they're married and living together at the time of his death. So, here's the deal -- they no longer live together, so it would appear even if Dennis were to die before the divorce is final, she gets zilch.

But there's something in the prenup for Victoria, too. She gets to keep her separate property -- including two computers, two bookcases full of books, a 1973 VW Karmann Ghia, and her grandma's furniture.