In most states, lack of mental capacity to consent at the time of marriage constitutes a ground for the annulment of the marriage.
Does your brother want to get out of the marriage, or are you (and other relatives?) the party considering taking legal action? If your brother opposes an annulment (or divorce), it will be more difficult –- but not impossible -- to annul the marriage. In either case, the first step will be to file a motion for a competency hearing in the appropriate state court. A psychiatric evaluation will then be conducted to evaluate your brother’s mental condition. Then, the court will hold a competency hearing to determine whether your brother was legally competent to enter the marriage contract. If the court rules that your brother lacked the mental capacity to marry, then a motion seeking an annulment can be filed. As noted above, a court's finding that your brother is mentally incompetent will have additional repercussions.
See the links below for information on annulments and mental incompetency.
You should seek advice from an attorney experienced in family law and competency hearings.
Disclaimer: This post contains general legal information and should not be construed as legal advice to be applied to any specific factual situation. Each reader should consult a lawyer if you want a qualified professional’s assurance that this information, and your interpretation of it, is appropriate to your particular situation.
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