My boyfriend's wife became mentally ill and institutionalized in the beginning of the marriage. She still is and they have not seen each other or been together for over 10 years. He did not get a divorce because he didn't know if she'd recover. She has not. Does he have a case for annulment?
Based upon the facts you conveyed, I do not think he has winning chances of an annulment due to the fact that she was mentally stable when he married her. He is most likely entitled to a divorce. He should consult the certified matrimonial attorney.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the limited facts presented and is based on New Jersey law. Also, this information does not contain any confidential information and does not create any attorney/client relationship
The facts do not support an annulment. Your boyfriend must retain an experienced matrimonial to represent him in a divorce. Since his not yet ex-wife's whereabouts may be unknown, then he may have to have to get a Court Order to permit service on her by publication. For an experienced matrimonial attorney this is not a complex case. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
It will be easy for him to get a divorce. Should not be expensive, either.
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. AND NOW THE DISCLAIMER: Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. The exact facts of your situation may give you a very different result.
Annulment is unlikely to be an option, but he could try. Just file an annulment complaint and plead divorce in the alternative.
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