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Can I divorce my mentally incapacitated spouse?

From infidelity to domestic violence, high asset couples decide that it is time to end their marriage for a wide variety of reasons. In Lee County, Florida, some people may come to the conclusion that divorce is necessary because their spouse has become mentally incapacitated. If you have found yourself going through this, you may be facing various challenges, but you should review how state law deals with this topic.

According to the Florida Legislature, courts do grant divorces when one party has become mentally incapacitated. Having said that, there are a number of conditions which need to be satisfied for a divorce to be granted on these grounds. For example, the person deemed incapacitated must have been in this condition for three or more years. Moreover, the incapacitation must satisfy certain requirements and, in the event of a divorce, the person’s guardian or nearest relatives will be given a notice. In some cases, the court may order those who divorce a mentally incapacitated spouse to pay alimony.

Whether your spouse has been mentally incapacitated and you are considering divorce, or you are thinking about splitting up for any other reason, you may be experiencing strong emotions and a great deal of uncertainty. However, you can gain confidence in your decisions by taking a very close look at your different choices and taking steps to protect your rights.

The information found in this post should not be taken as any kind of substitute for qualified legal assistance and is being provided for general informational purposes.

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