Studies have indicated that divorce rates have a significant increase with the advent of a disability. While any kind of divorce is likely to consist of a lot of friction, with one or both parties in a divorce being disable, additional complications may be encountered. Marriage laws differ in each state within the USA. However, there are general issues to consider.
A few are mentioned below:
• The question of capacity.
When it comes to cognitive capacity, there may be issues regarding the ability to participate in these proceedings. In some instances, courts may not allow individuals who lack the cognitive capacity to file for divorce. In other cases, courts might permit it if a guardian can show that it is in the best interest of the divorcing party.
• Additional Support.
It is not uncommon for an ex-spouse to continue supporting the individual with a disability. However, the individual with the disability may need an array of new services depending on the involvement of the ex-spouse.
• Special Needs Trusts.
It may be more important than ever to provide an individual with disabilities who undertakes a divorce with government benefits.
• Must the benefits be divided?
Different states have different approaches in dividing marital property. So considering this factor should be judged according to each state.
Individuals who have disabilities that are considering divorce should be able to gain a significant amount of knowledge about the technicalities of the situation. Hiring an experienced and competent divorce lawyer Orlando FL would assist you to handle the situation properly while in the best interest of the divorcing party.
Erin Morse Law Firm is an Orlando, Florida based law firm that consists of some of the most competent attorneys in the state. By striving to divert the case into the right path, Erin Morse Law Firm guarantees client satisfaction. If you are looking for the best divorce attorney in town, you have come to the right place.