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Tag Archives: Mental Incapacity

Divorcing an Incapacitated Individual: Frequently Asked Questions

By Schwartz | White |

In the state of Florida, there are two grounds for divorce. Demonstrating that the marriage is irretrievably broken is the most common rationale used. However, in rare cases, spouses may rely on the alternative rationale: incapacitation. If one spouse is or becomes mentally incapacitated and remains so for three years or more, the marriage… Read More »

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What Does Mental Capacity Have To Do With a Boca Raton Divorce?

By Schwartz | White |

An interesting case out of Palm Beach raises the question of the level of mental capacity required in order for a Florida resident to obtain a divorce. Florida divorce and mental incapacity Under Florida law mental incapacitation is grounds for divorce. However, it is usually the spouse who has capacity that seeks the divorce,… Read More »

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