Divorce in Florida

[Divameow77]

Someone is trying to tell me that since Florida is a no-fault divorce state that Michael could not have divorced Terri since she had no power of attorney, I think this person is wrong and that there must be a way in a situation like this. Does anyone have any knowledge on this subject?

[Biology]

1. not entirely sure...

Many states have provisions where you cannot divorce someone who is incapacitated/incompetent. I don't know if Florida has such a law. For instance, a friend of mine (in a different state) has a wife that is an alcoholic but he was advised by his attorney that he cannot divorce her because she would not be considered mentally competent. Same would hold true for someone who is drug addicted in his state. That way, a spouse couldn't take monetary advantage of the situation.

[RobertSeattle]

2. Some states make it illegal to divorce while one spouse incapacitated

I believe the intent of the law is to prevent premediated "divorce" by someone incapicating the spouse.

Not sure about Florida though.

[Ganja Ninja]

3. Florida is a no fault divorce state.

Michael Schiavo could have divorced Terri but he would have still been responsible for some form of support like alimony. He wouldn't be allowed to walk away and leave her with no support.

[Divameow77]

4. I couldn't imagine

being forced to be married to someone. Not that I would leave my husband for any reason, but if he was an alcoholic and wouldn't get help, it just seems unfair.