Legal Question in Family Law in Florida

My sister has been under my care for almost 4 yrs. Her estranged husband has been in and out of jail for criminal acts for yrs. Her husband lives with his boyfriend. she has had several strokes and has a diminished mental capacity. She has indicated she would like a divorce but because of her mental state should we first get guardianship of her before the divorce?


Asked on 3/11/15, 8:49 am

1 Answer from Attorneys

Robert Roemer Robert Roemer

Dear poster,

I'm sorry to hear by about your sister's situation. However, the initial inquiry is whether she, your sister, is competent at this point or a guardianship needs to be set up to take away certain of her rights while potentially allowing her to retain some of her rights depending on her mental situation. One of the rights that could be taken for her in a guardianship is the right to divorce her husband. I would need to speak with you personally and set up a retainer agreement to explore in this complex situation in greater detail so that I can get a better answer to you about which way this matter should be handled. You can reach me by sending me an email at [email protected] or call me at 561-694-6745 and to set up an appointment with me to discuss this in greater detail.

Sincerely,

Robert Roemer

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Answered on 3/11/15, 3:02 pm


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