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My spouse suffered a stroke 3 yrs ago & has limited speech and mobility. her sister was awarded guardianship. can we divorce?

Orlando, FL |
Filed under: Divorce

she can understand what is being said to her but is unable to respond except for a few words, yes, no, t.v. can I still file for a divorce?

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This can be complicated. F.S. 61.052 states that no dissolution shall be allowed unless the party alleged to be incapacitated shall be adjudged incapacitated for a period of 3 years. Also, Under F.S. 744.3725, there are provisions for granting the guardian extraordinary authority re; dissolution of marriage of the ward. Please consult an attorney who is familiar with both of these sections of the law.

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