Legal Question in Elder Law in Florida

I have been involved with a Gentleman who is 71 yrs old for the past 8 years. His wife is in a Nursing Home after 2 brain Aneurysms with a diagnosis of Frontal Lobe Dementia and will never recover or be released. Is it possible for him to get a Divorce? They have been married 49 years.

Asked on 2/27/14, 6:24 pm

2 Answers from Attorneys

Thomas Shigo The Shigo Law Firm, P.A.

It is possible but not easy. The wife must be declared incompetent in a guardianship proceeding. Then the husband must wait 3 years before filing for divorce. If the husband was appointed as guardian of the wife then the husband must also get permission from the court before filing for divorce he must also serve notice of the divorce proceeding on the wife's nearest blood relative to they have the opportunity to defend on behalf of the wife. The wife is also entitled to receive alimony if the divorce is granted.

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Answered on 3/01/14, 6:08 am
Joseph Pippen Law Office of Joseph Pippen & Associates

Yes-it is possible but difficult as explained in a previous answer.

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Answered on 3/01/14, 10:06 am

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