§ 141. Action to annul marriage on ground of incurable mental illness\nfor five years; procedure; support. 1. If the marriage be annulled on\nthe ground of the mental illness of a spouse, the court may include in\nthe judgment an order providing for his or her suitable support, care\nand maintenance during life from the property or income of the other\nspouse. The court shall specify the amount of such support, care and\nmaintenance and, before rendering judgment, may exact security for such\nsupport, care and maintenance during life and shall order the filing and\nrecording of the instrument creating such security in the office of the\nclerk of the county in which the action is brought and the filing of two\ncertified copies thereof with the office of mental health at its Albany\noffice. The provisions of the judgment relating to support, care and\nmaintenance of the spouse with a mental illness during his or her life\nand to security therefor may be modified or amended at any time by the\ncourt upon due notice to the other party and other interested parties as\nthe court may direct and in proper case the value of the suitable\nsupport, care and maintenance to such spouse during the balance of his\nor her life based upon appropriate mortality tables may be adjudged and\ndetermined by the court in which the estate of a deceased spouse is\nbeing administered and the same may be recovered on behalf of the spouse\nwith a mental illness from the estate of the deceased spouse. If the\nspouse with a mental illness is maintained in an institution or\notherwise under the jurisdiction of the office of mental health, the\nsuitable support, care and maintenance as required in the judgment,\nunless otherwise directed by the court, shall be the charge established\nby the commissioner of mental health and such charge may be recovered in\nthe manner provided by law. Such amount shall continue to be so required\nfor the support of the spouse with a mental illness in the event of his\nor her removal from the custody of the office of mental health unless\nthereafter otherwise directed by the court. Any security exacted for the\nsuitable support, care and maintenance during life of the spouse with a\nmental illness shall be available to that spouse or any person on his or\nher behalf or to any person or agency providing support, care and\nmaintenance for such spouse in the event that the required payments for\nsuch support, care and maintenance have not been made and upon\napplication to the court the other spouse shall be ordered and directed\nto provide additional or further security.\n 2. Judgment annulling a marriage on such ground shall not be rendered\nuntil, in addition to any other proofs in the case, a thorough\nexamination of the alleged party with a mental illness shall have been\nmade by three physicians who are recognized authorities on mental\ndisease, to be appointed by the court, all of whom shall have agreed\nthat such party has an incurable mental illness and shall have so\nreported to the court. In such action, the testimony of a physician\nattached to a state hospital in the department of mental hygiene as to\ninformation which he acquired in attending a patient in a professional\ncapacity at such hospital, shall be taken before a referee appointed by\na judge of the court in which such action is pending if the court in its\ndiscretion shall determine that the distance such physician must travel\nto attend the trial would be a great inconvenience to him or the\nhospital, or that other sufficient reason exists for the appointment of\na referee for such purpose; provided, however, that any judge of such\ncourt at any time in his discretion, notwithstanding such deposition,\nmay order that a subpoena issue for the attendance and examination of\nsuch physician upon the trial of the action. In such case a copy of the\norder shall be served together with the subpoena.\n 3. Except as provided in paragraph five of this section, whe
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.