Mental Illness An action based on mental illness may be brought while the spouse is mentally ill, after the death of the mentally ill spouse but prior to the death of the surviving spouse. The rules can get complex and feel a bit overwhelming. However, New York may recognize such a marriage if the marriage was valid in the state where it took place, provided that the relationship is not too close, and based on the specific facts of the case. If a party is under the age of eighteen, the underage party, either parent of the underage party, or the under age party's guardian or next friend, may seek to have the marriage annulled. In canon law, children conceived or born of either a valid or a putative marriage are considered legitimate,  and illegitimate children are legitimized by a putative marriage of their parents, as by a valid marriage. States typically prohibit marriages between a parent and child, grandparent and grandchild, or between siblings, and many restrict marriages to first cousins. But there is hope. The party seeking the marriage annulment on grounds of a voidable condition must prove one of the following: If consent to the marriage was obtained by force, the marriage is voidable. There have been many cases in California within our appellate courts that have come down on these issues.
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