Skip to main content

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?

Attorney Answers 3

  1. 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.

  2. Yes

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics