annulment

[mickeys]

What is the name of your state?FL

My sister married this guy about 2 years ago. about 10-12 months ago we found out the guy has been in and out of mental facilities for the last 15 years or so.He is currently in there now and has now been in for a year. Can my sister get annulled or does it have to be divorce? and is there any laws that say she can not divorce him if he is in a mental facility??

 

[brisgirl825]

Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.


Florida statutes

 

[LdiJ]

Mental incapacity of one of the parties. However, no dissolution shall be allowed unless the party alleged to be incapacitated shall have been adjudged incapacitated according to the provisions of s. 744.331 for a preceding period of at least 3 years. Notice of the proceeding for dissolution shall be served upon one of the nearest blood relatives or guardian of the incapacitated person, and the relative or guardian shall be entitled to appear and to be heard upon the issues. If the incapacitated party has a general guardian other than the party bringing the proceeding, the petition and summons shall be served upon the incapacitated party and the guardian; and the guardian shall defend and protect the interests of the incapacitated party. If the incapacitated party has no guardian other than the party bringing the proceeding, the court shall appoint a guardian ad litem to defend and protect the interests of the incapacitated party. However, in all dissolutions of marriage granted on the basis of incapacity, the court may require the petitioner to pay alimony pursuant to the provisions of s. 61.08.


Florida statutes

I think she should go see an attorney. A situation like this might really be grounds for an annulment, and this is one of those cases where an annulment might be appropriate.

Obviously her husband concealed his condition from her prior to the marriage (and yes, she obviously DID NOT get to know him well enough before marriage...but that's hindsight).

 

[brisgirl825]

I think she should go see an attorney. A situation like this might really be grounds for an annulment, and this is one of those cases where an annulment might be appropriate.

Obviously her husband concealed his condition from her prior to the marriage (and yes, she obviously DID NOT get to know him well enough before marriage...but that's hindsight).

I do agree that this would be a case for annulment however I am not finding specifics on that in the Fl statutes. It, so far in my research here, has only said that there are two grounds for dissolution: The marriage is irretrievably broken and Mental incapacity of one of the parties. I see nothing specifically on annulment.

Definitely a consult would be wise!

 

[LdiJ]

I do agree that this would be a case for annulment however I am not finding specifics on that in the Fl statutes. It, so far in my research here, has only said that there are two grounds for dissolution: The marriage is irretrievably broken and Mental incapacity of one of the parties. I see nothing specifically on annulment.

Definitely a consult would be wise!

Sometimes its difficult to find things within state statutes when you are trying to research. Sometimes the language is archaic enough that what would seem to be normal "keywords" don't work.

However, based on my observations this is the sort of thing that may very well fit most state's grounds for annulment. That is why I suggested she consult an attorney.....we might not be able to easily find the appropriate info, but a local attorney is likely to know.