Can I file for divorce if I find out that my wife is mentally ill after getting married?

If the wife is intermittently mentally ill, the parties can divorce by agreement or lawsuit when she is mentally normal, otherwise she can only divorce by litigation.

If one of the spouses is guilty of mental illness and the divorce is granted ex officio, it is limited to the following circumstances:

1. One party conceals his mental illness before marriage and cannot be cured for a long time after marriage, and the other party files for divorce;

2. Knowing that the other party is mentally ill and marrying him before marriage, and the other party files for divorce;

3. One party suffers from mental illness that cannot be cured for a long time during the period of living together as husband and wife.

Legal basis] Article 1076 of the Civil Code, if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079 of the Civil Code provides that if 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

First of all, if a husband and wife divorce and one party is mentally ill, they cannot divorce by agreement, but can only divorce by litigation. Second, in the case of divorce, if the plaintiff in the divorce proceedings is a mentally ill person, procedurally speaking, the plaintiff shall first go through special procedures to confirm his or her civil capacity and change his guardian. If the defendant in the divorce proceedings is a mentally ill person, his close relatives are generally the first person, or the people's court shall designate a person from among his close relatives to participate in the litigation.

Finally, one party concealed his mental illness before marriage and could not be cured for a long time after marriage, or married him knowing that the other party was mentally ill before marriage; or if one of the spouses suffers from a mental illness that cannot be cured for a long time during the period of living together as a husband and wife, the divorce may be granted after arranging the patient's life, medical treatment, and guardianship issues. Legal basis: Article 1079 of the Civil Code stipulates that if 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.

It is not a fraudulent marriage, and it can be divorced.

If one party suffers from Huaifo mental illness during the period of living together and cannot be cured for a long time, and the other party resolutely requests a divorce, the divorce may be granted in accordance with the law if mediation fails.

Legal basis: Several Specific Opinions of the Supreme People's Court on How the People's Court Determines that the Relationship between Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases

When a people's court hears a divorce case, whether or not a divorce is granted or not, the distinction shall be based on whether the relationship between the husband and wife has truly broken down. Whether the relationship between the husband and wife has indeed been broken shall be comprehensively analyzed from the aspects of the basis of the marriage, the relationship after marriage, the reasons for divorce, the current state of the relationship between the husband and wife, and whether there is a possibility of reconciliation. According to the relevant provisions of the Marriage Law and the practical experience of adjudication, in any of the following circumstances, it shall be deemed that the relationship between husband and wife has truly broken down.

If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

1. One party suffers from a disease that is legally prohibited from marriage, or one party has a physical defect or other reasons that prevent sexual intercourse, and it is difficult to **.

2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live together.

3. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one of the spouses suffering from mental illness during the period of living together and not being cured for a long time.

If you conceal your mental illness history before marriage, you can file for divorce and ask the other party to compensate for mental damages.