Divorces Involving a Mentally Incapacitated Party

Jacksonville Divorce Lawyers Explain Your Rights

Almost all dissolution of marriage cases in northern Florida are no-fault divorces, meaning that one or both parties agree that the marriage is irretrievably broken. There are, however, instances when one of the spouses has been determined to be mentally incapacitated. In situations like these, Florida law allows individuals to file for divorce using mental incapacitation as grounds. If you are considering filing for divorce using the mental incapacity of your spouse as the reason, it's important that you retain the services of a qualified Florida family law attorney who has experience in these types of cases. Our Jacksonville divorce attorneys at Owenby Law, P.A. represent individuals in all types of divorce actions, including mental incapacity cases.

Call us today at (904) 770-3141 to schedule an initial consultation.

Using Mental Incapacity as Grounds for Divorce in Florida

Very few divorce lawyers in the area of Jacksonville have experience with mental incapacity divorce cases because they are not nearly as common as no-fault divorces.

Here is what you need to know about mental incapacity cases:

  • In order for a mental incapacity divorce to be considered by the courts, one of the spouses must have been determined to be legally incapacitated for a period of at least three years.
  • Because the courts consider stripping an individual of his or her ability to make decisions to be a very serious matter, the process to determine whether someone is mentally incapacitated is complex and requires multiple assessments.

If you are married to a mentally incapacitated person, however, this may be your only course of action, as Duval County judges are not able to grant no-fault divorces unless both parties can demonstrate mental competence.

For High-Quality Legal Representation, Contact Our Jacksonville Family Lawyers.

As a reputable law firm that has represented individuals in mental competency hearings and incapacity divorce actions, no one better understands the emotional turmoil that goes into the decision to divorce an incapacitated spouse than our legal team at Owenby Law, P.A. We understand that you may be unsure about proceeding. We are here to take care of all the details on your behalf.

If you decide to go through with the dissolution of marriage, our firm can assist you with the process.