I want to file for annulment of my marriage with my husband.

Posted Fri, Jan 19, 2024 1:37 AM

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Posted Fri, Jan 19, 2024 5:10 AM

In the landmark case of Tan-Andal, Psychological incapacity was defined as neither a mental incapacity nor a personality disorder that must be proven through expert opinion. There must be proof, however, of the durable or enduring aspects of a person's personality, called "personality structure," which manifests itself through clear acts of dysfunctionality that undermines the family. The spouse's personality structure must make it impossible for him or her to understand and, more important, to comply with his or her essential marital obligations. Proof of these aspects of personality need not be given by an expert. Ordinary witnesses who have been present in the life of the spouses before the latter contracted marriage may testify on behaviors that they have consistently observed from the supposedly incapacitated spouse. 

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