${site.data.firmName}${SEMFirmNameAlt}
Call for a Consultation
(914) 290-4550 (888) 892-9072
Menu Contact

Can a divorce be annulled for mental health reasons?

Cold feet before marriage are not uncommon, but when the reality sinks in after marriage there are those who may fear they have made a mistake or even exercised poor judgment due to mental health issues such as depression, bipolar disorder, substance abuse or other matters leading to mental incapacity. If you feel you made the decision to marry for the wrong reasons, can your mental health be used as a reason to annul your marriage in New York courts?

It is possible, though it may be more difficult with mental illnesses that do not have drastic presentations. New York's divorce resources website says that if one spouse becomes "incurably insane" for five or more years, though what constitutes "incurably insane" may require strict evaluation. Another portion states, however, that if one spouse is mentally incapacitated enough to fail to understand the nature, consequences or impact of marriage, you may be granted an annulment.

Depression and other mood disorders can affect your capacity to understand the consequences or depth of your actions, or cause you to make decisions against your own best interests without the capacity to reason through those decisions during a depressive episode or any other instance of mental illness. In that case you may be able to argue for an annulment based on mental illness, though you would have to provably demonstrate incapacity at the time of the marriage decision and execution.

This blog post should not be used as actionable legal advice. It is an informational and educational resource only.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Office Location

Bashian & Farber, LLP
235 Main Street
White Plains, NY 10601

Toll Free: 888-892-9072
Phone: 914-290-4550
Fax: (914) 946-5111
White Plains Law Office Map

Satellite Office:
552 Lake Avenue
Greenwich, CT 06830

Map & Directions

Contact The Firm For An Initial Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy