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Annulment Due to Mental Illness

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  • 05-16-2011, 08:36 AM
    Zeckrin
    Annulment Due to Mental Illness
    My question involves a marriage in the state of: Michigan

    I married someone who I didnt reallize was mentally disabled. Her parents have revealed that she has a documented history and spent 2 years in a mental hospital. I didnt know this before. Now she has declared she never loved me and left, also many other crazy things. Its only been 6 months. I want an annulment cause she clearly wasnt what she said she was. How can I prove her mental history if I cant get to her medical records due to privacy laws? Any suggestions for me?
  • 05-16-2011, 09:02 AM
    free9man
    Re: Annulment Due to Mental Illness
    Did you ever discuss medical history prior to getting married and she did not mention her history? It sounds like your lawyer will have to subpoena her records during the annulment proceedings. Failure to disclose mental history can be grounds for annulment. You will just have to try it and see what happens. If annulment fails, divorce should be a slam-dunk.
  • 05-16-2011, 10:04 AM
    Mr. Knowitall
    Re: Annulment Due to Mental Illness
    Michigan's annulment statute turns upon whether you cohabitated after the alleged fraud:
    Quote:

    Quoting MCL 552.2 Invalidity of marriages; marriage of person under age of consent, marriage by fraud, lack of cohabitation.
    In case of a marriage solemnized when either of the parties was under the age of legal consent, if they shall separate during such non-age, and not cohabit together afterwards, or in case the consent of 1 of the parties was obtained by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be deemed void, without any decree of divorce or other legal process.

    If you lived together as man and wife for six months, you need to be thinking about a divorce.
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