Legal Question in Family Law in Florida
A Legal Guardianship over an incapable person (93 years) can file an annulment of marriage.
Facts: The menthal health for incapable person is in appeal. Now the 93 years old men has a temprary guardian.
What is the jurisdiction of matter in this case.
The son ( the guandianship) is filling the anulment with worng arguments.
How can I know if those arguments are the one that really want to expose the old person?
If a person in incapable? how it works
1 Answer from Attorneys
If the guardianship was established prior to the marriage then the marraige is void ab initio (meaning it did not happen because one of the parties were incapacitated and not able to contract for marraige).
If a physician states that the person was incapacitated at the time of the marraige - that could be litigated.
If you are the party to the action, you will be given a Petition to answer the complaint and thus you will know what arguments will be presented.
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