Marriage

In order for a marriage to be valid, both individuals must be of sound mind, must understand the nature and effects of getting married, and must be mentally capable of agreeing to the marriage. Simply because one person has a mental condition does not automatically render them incapacitated for marriage purposes, but if a court decides one spouse did not have the capacity to agree to a marriage, that marriage will be deemed invalid.

Prenuptial Agreements

If you sign a premarital agreement, you must have the mental capacity to understand the provisions of the agreement and the effects of the agreement should you get divorced in the future. If you did not have the ability to understand what you were signing at the time you signed, the agreement may be declared invalid.

Divorce

Mental incapacity is important in Florida divorce in more than one way. First, a Florida statute permits a spouse to get a divorce if they have been djudged to be mentally incapacitated for at least three years prior to the divorce filing. In such cases, the individual’s guardian or representative family member will be notified and will be able to appear in court on his or her behalf.

Additionally, Florida family courts will not grant a divorce that was filed by a mentally incapacitated person who does not understand the effect of a divorce. For example, a Palm Beach County judge recently ruled that an 87-year-old man with dementia could not be granted a divorce. His wife argued that his children are manipulating him for financial purposes to pursue divorce and that he would not actually want a divorce if he understood what was happening. The court agreed and dismissed the divorce case.

Child Custody

If one parent is mentally incapacitated, they will likely be unable to properly care for a child. Therefore, in such cases, the court may determine that it is in the best interests of the child to award full custody to the other parent or only provide for limited supervised visits with the incapacitated parent.

A Qualified Boca Raton Family Law Attorney Can Help

Having the requisite mental capacity is only one of many potential issues in marriage, divorce, and other family law matters. Each case will have unique legal questions and you always want to make sure you have an attorney handling your case who understands how to identify and address any potential issues. If you have any type of family law matter, you should not delay in discussing your situation with Boca divorce lawyer Alan R. Burton today. Call (954) 229-1660 for a free consultation.

The following are financial documents that must be exchanged in mandatory disclosures:

• Financial affidavits — A spouse can use a shorter form if their income is under $50,000 per year, though must use the long form if it is more than $50,000. Exchanging affidavits is mandatory in every case and cannot be waived.

• All federal, state, personal property, and gift tax returns filed in the last three years. If a tax return has not been filed, 1099, K-1, and w-2 forms are required for that year.
• Pay statements or other proof of income for the past three months before the filing, including statements of the source of the income.
• All loan and credit applications prepared in the last 12 months.
• All current leases, deeds (for three years), or promissory notes (for 12 months), whether they are individual or jointly owned.
• Statements for brokerage accounts currently owned or owned in the last 12 months, either individual or joint.
• Statements for retirement accounts, pension plans, profit sharing plans, or deferred compensation plans.
• Statements and certificates for all life insurance policies.
• Cards for any medical or dental insurance plans covering the spouse or their children.
• Tax returns for any corporations, trusts, or partnerships for the prior three years if the spouse is at least 30 percent owner of the entity.
• Statements for all credit card account or other debts for the last three months.
• Any premarital agreements signed or agreements entered into by the spouses during their marriage, including any modifications.
• Any court orders requiring a spouse to receive or pay child support or spousal support.

In addition to this long list of financial documents, if you are claiming that certain property is non-marital and should not be divided, you must provide evidence and documents in support of your claims. This can include proof of how and when the asset was acquired or why it should be considered individual property.

A Qualified Boca Raton Divorce Attorney Can Help You

Meeting the requirements of mandatory disclosures in Florida can be a daunting task in a short amount of time and it is easy to forget something. It is important to have an experienced divorce lawyer guiding you through the process to ensure you receive the best results possible. If you are facing a divorce, your first call should be to family law attorney Alan R. Burton at (954) 229-1660 for a free consultation.