Hiding a mental illness prior to marriage. Would you divorce him/her?
- YesVote A
- NoVote B
- See resultVote C
Most Helpful Girl
Well, fraud is grounds for an annulment, so you may not even need to get a divorce. Also, mental illness is a grounds for divorce, and I'm guessing it's there for a reason.
Anxiety? That's not even a substantial psychological issue to even be considered a mental illness, at least not in the eyes of a court. People are anxious all the time, they just learn to deal with it. If she has generalized anxiety disorder, and you two are married, then don't forget about your mutual duty to support each other (I'm not talking about emotional support, but financial support). The judge will tell you that all that stands in your way between a wife who has GAD and one who doesn't is a couple of session of cognitive behavioral therapy.
Did you mean a "panic" disorder? That's a but more serious, and also something you would have been aware of prior to the marriage.
Mood disorders are tough, and yeah, I would say that covering up something like that pretty much goes towards the basis of the marriage. I have a cousin with a mood disorder, and she has stupid parents who won't give her her medication or tell her psychiatrist that their child actually has a serious problem (they always downplay it). If I take a video of this child, she gets so out of control, you just feel like showering her mouth and eyes in 5.3 million SHU pepper spray, hooking her up to a high voltage shock collar with an extended battery and just leaving it on full power, while you take turns beating her with a baseball bat and yelling, "are you going to stop now? Is this how we behave?" But again, it's not "her" fault, it's the parents' fault. It's really hard to separate the "disorder" from the "person" suffering from the disorder. After a while, if it just goes untreated, the disorder just becomes who the person is. It's hard for someone to wake up one day and be able to reconcile 6 years of acting like a total b*tch around her sheltering push-over parents or in a school setting, and then tackle real life in college or in the workplace.
As far as a cause of action for divorce goes, what many people don't know is that you need an affirmative misrepresentation in order to have fraud. Silence alone doesn't amount to fraud. So, unless she told you, "I have no mental disorders or illnesses of any kind, nature, or degree of severity," prior to the marriage, "AND" you didn't have "actual" knowledge or notice of facts to the contrary (which would make reliance on her misrepresentation "unreasonable"), then you don't really have a case for fraud. Also, you're not likely to succeed under the grounds of mental illness, because short of "manic" bipolar or some developmental disorder ("retardation or deterioration of the brain"), not too many things qualify as mental illnesses for purposes of divorce. Then again, maybe your state is different, plus you can always go the no-fault route if you need to.1