Divorces Involving a Mentally Incapacitated Party

Can I Divorce Someone for Mental Incapacity?

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 on the grounds of mental incapacity, it's important that you retain the services of a qualified Jacksonville family law attorney who has experience in these types of cases.

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.

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 Owenby Law, P.A.

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.