Can I marry someone who is believed to have mental disorders?
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Can I marry someone who is believed to have mental disorders?
I wish to marry my new born child’s mother but her aunt won’t allow it because she says that my girlfriend can’t think for herself. Yet, we conceived a child together and I personal know there is nothing wrong with her. As a matter of fact it is believed to me that her aunt has been collecting checks from her social security only to benefit herself. All I wish for is to take care of my own family before she pulls a
Asked on December 6, 2016 under Family Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It depends on whether she is mentally competent or not; people can have certain mental disorders while still being competent.
Assuming the girlfriend is old enough (of legal age to consent to sex and marriage) and had *not* been legally determined to be mentally incompetent (e.g. has not had a legal guardian or conservator appointed for her by the courts), then she can make her own decision who to marry, and if she wants to marry you, the two of you can marry. However, if she is underage she cannot legally consent to marriage; or if she of age, but has been determined to be mentally incomptent (has a guardian, etc.), then she cannot marry you, because mentally incompetent people cannot enter into legally valid marriages.
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