Divorce & Annulment

questions & answers

Question: Can someone who is mentally unfit to make decisions for themselves marry someone? My sister with severe dimentia recently married a stranger.

Answer:

"A marriage may be invalid because it is between close relatives, underage persons, or people incapable of entering into a marriage contract because of mental incompetence." ABA Family Legal Guide

Marriage is a contract between two indviduals.  In order to have a contract both parties must be able to consent.  A person who does not have the capacity to consent can not have a valid marriage. 

The validity of marriage is covered under A.R.S. 25-111 and 25-112. 

 

QUESTIONS

  • Can someone who is mentally unfit to make decisions for themselves marry someone? My sister with severe dimentia recently married a stranger.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
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