How to divorce a spouse with mental illness

Usually, the husband and wife can divorce by agreement, and when the parties cannot reach an agreement, they can also sue the court for divorce.

However, due to the special nature of a mentally ill person, who is a person with no or limited capacity for civil conduct, a divorce by mutual agreement can only be carried out if he has full civil capacity, so a mentally ill person cannot divorce by agreement. If one of the spouses is mentally ill, the divorce can only be carried out by way of litigation in the form of a court decision. According to Article 32 of the Marriage Law, the fifth item of the statutory grounds for filing for divorce points out that "other circumstances that lead to the breakdown of the relationship between the husband and wife" refers to reasons other than the first four statutory reasons, such as the breakdown of the relationship between the husband and wife due to the spouse's mental illness, one party may file a divorce lawsuit with the people's court, and if the reasons are established, the people's court may make a judgment for divorce after mediation.

Divorce, on the other hand, is to deal with the resolution of the status of husband and wife, which must be carried out by the person himself, and cannot be exercised by others. However, due to the special circumstances of a mentally ill person, his rights should also be respected, and in the case of intermittent mental illness, the lawsuit should be initiated during the time when he is mentally normal, and in the case of a mentally ill person who is incapable of litigating or has limited capacity, his parents, adult children, and dependent siblings living together should litigate on his behalf.

Legal analysis: If the spouse suffers from mental illness and wants to divorce, if it is an intermittent mental patient, he can sue for divorce when he is mentally normal, otherwise if the mentally ill person sues for divorce, he needs to change his guardian first, and then file for divorce with the people's court through his guardian. Legal basis:

Civil Code of the People's Republic of China Article 1079 Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

If the spouse is mentally ill, he or she may sue the court for divorce. If the other party conceals his mental illness before marriage and does not heal after marriage, or marries him or her because he knows that the other party is mentally ill before marriage, or if one party suffers from mental illness during the period of living together and cannot be cured for a long time, one party resolutely requests a divorce, and if mediation fails, a judgment may be made to grant divorce in accordance with law.

Legal basis:In short, this is disturbed.

Article 1053 of the Civil Code: If one party suffers from a major illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.

A spouse suffering from mental illness can sue the court for divorce.

Legal basis] According to Article 3 of the "Several Specific Opinions of the Supreme People's Court on How the People's Court Determines that the Relationship between the Husband and Wife Has Broken Down in the Trial of Divorce Cases", if the person conceals his mental illness before marriage and does not heal after marriage, or marries him or her because he knows that the other party is mentally ill before marriage, or if one party suffers from mental illness during the period of living together with the husband and wife and does not heal for a long time, one party insists on requesting a divorce, and the mediation is invalid, and the divorce may be granted in accordance with the law.