A marriage may be annulled due to the mental incapacity of one of the spouses at the time of the marriage. Either spouse may seek the annulment.
If the spouse with the mental incapacity seeks an annulment, (s)he must prove that at the time of the marriage (s)he did not have the mental capacity to consent to marriage or understand the nature of the marriage ceremony, and that since the ceremony, they have not lived together during a period in which (s)he possessed the mental capacity to recognize the marriage relationship. A suit may also be brought by the person’s guardian.
Article by Sarah F. Berry, Attorney