My husband is 100% totally and perm. Mentally disabled due to PTSD from being a combat Marine in Viet Nam. We were married for 30 years, then he found out he had PTSD 11 years ago. We have been married for a total of 41 years, but in the last 11 years this is our third separation. If he moves to FL and lives there for 6 months and files for a divorce... can I fight it using his mental disability as a reason to not grant the divorce?

I don't know why he figures filing for divorce in Florida, as opposed to wherever he is now, would be to his advantage, but in general one must be legally competent to file any lawsuit, including a divorce.

But I really doubt that you will be able to establish lack of the requisite mental capacity on the basis of his having Post-traumatic stress disorder

Florida will make him divide his assets with you during a divorce. Having PTSD is not easy for him and maybe he just wants some peace and quiet as any little noise or emotional upset affects him much differently now. You probably will not prevail in having any divorce proceeding quashed unless his mental capacity is diminished. PTSD is the inability to handle stress of any kind. It is not a diminished mental capacity problem.

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Originally Posted by AK lawyer

I don't know why he figures filing for divorce in Florida, as opposed to wherever he is now, would be to his advantage, but in general one must be legally competent to file any lawsuit, including a divorce.

But I really doubt that you will be able to establish lack of the requisite mental capacity on the basis of his having Post-traumatic stress disorder

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Thank you for your answer. He wants to move, and he has decided on FL... so I'm anticipating he will file for a divorce once he has lived there for 6 months.

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Originally Posted by twinkiedooter

Florida will make him divide his assets with you during a divorce. Having PTSD is not easy for him and maybe he just wants some peace and quiet as any little noise or emotional upset affects him much differently now. You probably will not prevail in having any divorce proceeding quashed unless his mental capacity is diminished. PTSD is the inability to handle stress of any kind. It is not a diminished mental capacity problem.

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Thank you for your answer. With PTSD he is certainly not incapacitated, but his reasoning & the way he views situations is not what one would term "normal". His anger rages are not "normal". I have lived over 11 years with PTSD, I have helped him and other vets to understand PTSD. Right now he just has so many legal problems due to an accident, I feel he just wants to put everybody and everything behind him and escape.