Legal Question in Family Law in Florida
Seeking Divorce from Wife in Nursing Home
i presently live in florida since 2004.my wife is in anursing home with a incureable disease.she is on medicaid and not affilated with me on any of my assests. she receives her social security which is used to pay for her monthly payments to the nursing home. my wife gave her daughter the power of atty. back in 2003 without my knowledge.this was done in Anchorage Alaska.She is still located in Alaska. I want to continue with my life here in Florida but with still being legally married makes it difficult . whaty would be the legal problems be if they refuse to agree to a divorce?
1 Answer from Attorneys
Re: Seeking Divorce from Wife in Nursing Home
Both spouses don't need to agree to get a divorce. Only one spouse has to want the divorce.
You'll have to file the divorce papers for a contested divorce (you can download them or buy them from the clerk, but it's better to use a lawyer when the divorce is contested) and have her served in Alaska. You may have to fight over who gets what (although that doesn't seem to be a problem in your case), but you won't have to fight over whether you get the divorce.
Call me if you need help.
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