Can a daughter in law get a divorce if she is mentally ill after marriage

1. Can a daughter-in-law get a divorce if she is mentally ill after marriage?

1. If the daughter-in-law is mentally ill after marriage, the other party may request a divorce. But in the end, it is still necessary to meet the legal conditions for divorce before the couple can dissolve the marriage. According to the relevant provisions, if one party suffers from mental illness during the period of living together as husband and wife, and it cannot be cured for a long time, it is deemed that the relationship between the husband and wife has broken down, and one party resolutely requests a divorce within the country, and after mediation is invalid, a judgment may be made to grant the divorce in accordance with law.

If Rong is intermittently mentally ill, a lawsuit shall be heard during his normal period.

2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations 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.

2. How to stipulate the maintenance of divorced children.

Generally, if the other party has a fixed income, it is 20% to 30% of the other party's fixed income, and if there are two children, the proportion can be increased; If there is no fixed income, it can be paid at the rate of 20% to 30% based on the total annual income or the average income of the same industry. After the divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

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.

Divorce is possible. If one party suffers from mental illness during the period of living together and cannot be cured for a long time, and the other party insists on requesting a divorce, the divorce may be granted in accordance with the law after the mediation is ineffective. Legal basis:

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 Truly Broken Down in the Trial of Divorce Cases The people's court hearing a divorce case shall use whether the relationship between the husband and wife has truly broken down as the distinguishing boundary. To determine whether the relationship between husband and wife has truly broken down, a comprehensive analysis shall be made from aspects such as the basis of marriage, postmarital feelings, reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation. According to the relevant provisions and the practical experience of adjudication, in any of the following circumstances, it is 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 the marriage judgment, hasty marriage, and failure to establish a relationship between husband and wife 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 parties suffering from mental illness while living with his or her husband and wife, which cannot be cured for a long time.