Legal Question in Family Law in Idaho

Re: married under mental instability

I assume you're asking if the marriage can be annulled, not defaulted. Assuming this is correct, probably not. Idaho Code section allows annullment under the following and only the following circumstances: 1. not of legal age to wed, 2. one of the spouses is still married to someone else; 3. that either party was of unsound mind, unless he/she freely cohabited with the other after coming to reason; 4. that the consent of one was obtained by fraud, unless the party discovered the fraud and freely cohabited together; 5. that one of the parties was incapable of entering into the married state (this means that they couldn't consumate the marriage). Paragraph 3 above is the one you are talking about and it doesn't apply because you were not of unsound mind, i.e. insane, not aware of what you were doing, etc. Very difficult to show that you were of unsound mind in your circumstances. The answer is probably not. You can certainly try tho by hiring an attorney and going to court. I think you'd lose in the end tho. I give a half hour free consultation in my office if you want to call me at 208-345-3817