Mental Incapacity & Divorce
Some Florida couples deal with mental incapacity issues as they overlap with divorce, and there are laws here in Florida addressing the issue. However, while Florida does allow for divorce in the event that one spouse suffers from a mental incapacity, there are particular waiting periods built into the law in order to protect infirm spouses who, in some instances, cannot defend themselves. Specifically, once determined to be officially incapacitated, an individual needs to have been incapacitated for at least three years prior to commencing dissolution proceedings. Yet while the law has been put in place in large part to help protect those with severe injuries and conditions such as brain trauma and dementia, there are also individuals who have found themselves the victim of this particular law. As A Hurdle While some divorce-mental incapacity cases involve one spouse attempting to take advantage of the other, who has been deemed to be mentally incapable, there are also couples who wish to obtain a divorce, but find themselves waiting for three years or more to obtain it due to some of the loopholes in the law. In fact, once deemed mentally incapable, it can actually be challenging for an individual to obtain their civil rights such that they can proceed to obtain a divorce. Guardianships Vs Civil Rights? In cases where an individual has been deemed to be incompetent, a court-appointed guardianship is sometimes established. In fact anyone can petition the court to remove an individual’s freedom to determine their own destiny. These individuals are sometimes appointed guardians by the court to act on their behalf in legal proceedings, and have historically been relied upon in cases involving severe brain injuries and/or dementia. However, there are cases where even though this type of guardianship begins with consent, it continues against an individual’s will. Specifically, there are cases in which someone’s basic civil rights are actively being ignored, for example, in the instance where a completely capable individual has been deemed to be a “ward” in need of a guardianship to help manage their finances and life choices. While the law in Florida is in place, in part, to protect those suffering from actual mental incapacities from being taken advantage of by a spouse seeking an unfair advantage in divorce, it is also important to note that rarely will experienced divorce attorneys recommend that clients actually actively arrange for a professional guardian to manage their property. Be careful about filing a petition for voluntary guardianship without working with an experienced attorney who has your best interests in mind. Divorce Attorneys Serving Orlando, Sarasota, Tampa, and Surrounding Areas If you are dealing with divorce, mental incapacity, and/or related issues, working with a caring, professional family attorney is essential. At HD Law Partners, our parenting plan lawyers have over 40 years’ combined experience in helping clients navigate Florida’s complex divorce laws. We put our knowledge, experience, and abilities to use in helping you achieve the desired results in your case. Contact us today for a free consultation. Resources: leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.052.html heraldtribune.com/news/20160820/courtroom-trauma-amicable-divorce-turned-into-guardianship-nightmare Tags: Complex Florida Divorce Cases, Mental Incapacity and Divorce, Tampa Divorce Lawyer, Tampa Divorce Lawyers Posted in Divorce | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us