Is it true that a person who has a spouse with dementia cannot divorce him/her? 1 Answers as of July 26, 2011

The wife is being drained out of her savings, medicare is not covering all expenses and medicaid is refusing assistance because the wife still have some assets, this is her 3rd husband, and his family told her that by law she could not divorce him. She is also not healthy and is very fragile and emotional at this time. If she divorces him, she believes that medicaid will help him. She is 67 but I don't know his age.

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Apple Law Firm PLLC | David Goldman
It is not true, but if they are incompetent, then you typically have to wait 2 years. There may be other things that can be done but you should speak with a FLorida divorce lawyer about the specifics.
Answer Applies to: Florida
Replied: 7/26/2011
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