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Florida laws on mental incompetence may affect divorce cases

Being deemed mentally incompetent by a court could lead to considerable complications in a person's life. He or she may no longer be able to make many decisions on his or her own, and as a result, a guardian may be appointed. However, if that guardian is a spouse and the deemed-incompetent individual wishes to get a divorce, state laws could come into play.

Florida residents may be interested in such a case currently taking place in another state. Reports indicated that an 88-year-old man wants to divorce his wife, who was also appointed as his guardian. The man was declared mentally incompetent in 2008, though the man objected to the ruling. The wife believes that the man is easily taken advantage of when it comes to financial schemes, and the man claims that some bad financial decisions were used against him. 

Though the man was declared mentally incompetent, his attorney reported that the man found the attorney, filed the divorce petition and has attended all legal appointments and court hearings on his own. The man himself stated that his wife wants to control his finances but also leaves him alone for long periods of time. However, his wife wonders if the man even truly wants the divorce. She suspects that his legal representation may be taking advantage of  him. Their case has moved to the Supreme Court.

Dealing with serious complications such as mental incompetence may leave individuals wondering how they could approach their own divorce cases. Because state laws vary when it comes to these types of situations, Florida residents may wish to gain more information. Discussing their concerns with experienced attorneys could help them navigate their legal affairs.

Source:, "Mental Incompetence At The Heart Of Kentucky Divorce Case", Aug. 20, 2016

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