Would there be any future consequences for filing for divorce while my wife is in a psychiatric ward? 14 Answers as of September 26, 2011

There are no legal consequences save one - perfection of service may be an issue, but if she is released before the final hearing that can be cured. As for annulment, it is difficult and really depends on how long you were married and when you came to know of the disease.

The main consequences of filing now while you wife is hospitalized are that you probably won't be able to complete the case, and get divorced, until she is discharged and considered competent to participate in the case. You may or may not be able to seek a declaration of invalidity (what Colorado provides instead of an annulment) depending on all the facts. Because there are time limits to seeking an invalidity declaration, you should consult an attorney immediately to see if you could qualify.

A marriage can only be annulled if there are no children as issue of the marriage and the marriage is deemed to be invalid. A marriage is invalid (or void) if either party was unable to contract, unwilling to contract, or fraudulently induced into contracting for marriage. It is unclear what possible "consequences" you could be referring to however, there is nothing preventing you from filing while your wife is in the hospital.

First, I don't know that I can predict the future. However, from what you say in your question, the present will probably give you problems enough. If your spouse is mentally incompetent, and if you go ahead with the divorce during her period of incompetence, you run the risk of the court either: (1) refusing to grant the divorce because she is incompetent, or, (2) at some time in the future having the court set the divorce aside because she was incompetent when it was granted. This leaves you with a couple of choices in trying to deal with this issue. One choice would be to wait until the hospital decides that she is competent and releases her. Of course, depending on the nature of her illness, this could be a long wait. The other choice would have an independent guardian appointed for her. The guardian would have the power to hire an attorney to contest the divorce. This would be an expensive option, because it would leave you in the position of having to pay for both sides of the case.

as this is a no fault state you can bring an action for divorce at any time; you may have a case for an annulment if she knew about her condition and concealed it from you

If there is property to be divided, you should have the court appoint a guardian ad litem for your wife. To enter into a binding a agreement, your wife must do so voluntarily and knowingly. If down the road, it is determined that she was in a mental hospital, taking psychotropic drugs and perhaps you got more than she now thinks you should have, the court could overturn the agreement.

Probably, not, and no, annulments cannot be grounded upon mental issues that a spouse allegedly did not know about.

You will be able to get a divorce. Exactly how to do it in the best way for you? I would need to sit down with you, get a lot more information and discuss it with you. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

In Washington, there is no such thing as "annulment." Being in psych ward may effect lots of things or nothing - it depends.

You can file at any time. You may seek an annulment based on fraud.