What counts as being mentally incapacitated for an annulment


#1

I understand the only qualifying reasons for annulment in NC but I can’t seem to find a definitive answer as to what makes a person mentally incapacitated. Can you explain what that means as far as annulments are concerned?


#2

The mental incapacity you are referring to is when a spouse is incapable of understanding the marriage vows. An annulment is possible when one of the spouses did not understand the meaning of a marriage and the duties and responsibilities that follow as a result being married. Note that being declared incompetent for guardianship reasons is different from having the mental capacity to enter into a marriage - just because a spouse was declared incompetent and had a guardian does not mean that person did not have the mental capacity to understand that he/she was entering into a marriage. Also, it only matters what the mental capacity of the spouse was at the time of the marriage vows.

Determining mental capacity to enter into a marriage is done on a case-by-case basis using the above guidelines, and there is no clear-cut rule.


#3

If my spouse or I were intoxicated at the time of the marriage wouldn’t that make us mentally incapacitated and unable to enter into a marriage?


#4

It’s possible, if you could prove that one or both of you did not understand the meaning of marriage and the duties and responsibilities that follow at the time of the vows. This would be a question of fact to be determined by a judge in an annulment proceeding.