Forensic Neurpsychiatry Examination and Diminshed Capacity for Marriage
By: Harold J. Bursztajn, M.D.
Annulment of Marriage
Doe v. Doe
Commonwealth of Massachusetts
Forensic Neuropsychiatric evaluation used as the basis for settlement
of an Annulment of Marriage. John Doe, a student in a prestigious,
ivy league college with a brilliant prep school and college background
suffered brain injury as a result of an automobile crash. Subsequent
to a protracted rehabilitation period, he recovered moderately. Residual
dysfunction included a loss of all autobiographical memory from before
the accident as well as having difficulty in concentrating, understanding
affect and articulating interpersonal problems, and semantic memory
loss. Furthermore, he spent the many years after the accident as
a laborer at around $10/hour for a company that his family owned,
and after the sale, for the company under the new owner. A number
of years later after the loss he became involved in a relationship
which seemed like an obvious mismatch to all who knew him prior to
the accident. Prior to the marriage John Doe was not under a guardianship.
His parents put several hundred thousand dollars of liquid and non-liquid
assets in his name so that if the father died, John Doe would be
able to take care of himself. In that context, John Doe married and
when his wife sought divorce, she sought it under the normally existing
rules which would permit her to receive alimony and perhaps a division
of the marital assets. Dr. Bursztajn's forensic neuropsychiatric
examination of John Doe, including brain imaging, established his
incompetence to enter into a marriage. Based on this finding, a mutually
satisfactory financial settlement was reached and the marriage was
annulled without a split in assets.