incurable insanity

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Incurable Insanity is a legal grounds for obtaining a divorce under family law. In Scott v. Scott, the Court of Appeals of North Carolina defined the term “Incurable Insanity” as being “so mentally impaired that he/she does not understand what he/she is engaged in doing and the nature and consequences of his/her acts”. However, it is rarely used because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.

[Last updated in February of 2022 by the Wex Definitions Team]