How can a wife divorce if she is mentally ill

Legal analysis: To register a divorce and sign a divorce agreement, the parties need to have full civil capacity, and the mentally ill person does not have the corresponding ability to recognize and express, let alone be responsible for his own behavior. Therefore, the civil affairs department will not accept the divorce in such a situation, and it must be resolved through litigation.

However, the legal ground for divorce by litigation is the breakdown of the relationship, and if one party suffers from mental illness during the period of living together and does not heal for a long time, it is deemed that the relationship between the husband and wife has indeed broken down. Prolonged treatment is the key to proof, and it may face a lengthy litigation process.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both 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:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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.

Article 1085:After divorce, where 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.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Yes. If the relationship between the husband and wife breaks down due to the spouse's mental illness, one party may file a divorce lawsuit with the people's court, and if the reasons are sustained and the mediation fails, the people's court may make a judgment for divorce. Where a divorce lawsuit is filed because the spouse is mentally ill, the issue of the mentally ill person's guardian and daily life should first be resolved.

There are three types of situations in which a spouse suffers from mental illness:

1. Suffered from mental illness before marriage, and suffered from some kind of ** after marriage;

2. Have not suffered from mental illness before marriage, but have been mentally ill due to some kind of trauma after marriage;

3. Suffering from mental illness after marriage due to the heredity of mental illness. Mental illness prior to marriage or genetic mental illness in the family, whether concealed or not, is not a ground for granting or disallowing a divorce.

Legal basis: Article 3 of the "Several Specific Opinions 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".

Where a person conceals his mental illness before marriage and does not recover after marriage, or marries the other party knowing that he or she is mentally ill before marriage, or where one party suffers from mental illness during the period of living together as husband and wife and does not heal for a long time, 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. Restrictions on the right to sue for divorce.

1) Restrictions on the right of divorce litigation for spouses of active-duty military personnel.

The spouse of an active military member must obtain the consent of the military member if he or she wishes to divorce. The spouse of the active duty military personnel referred to here refers to the non-military spouses of the active duty military Yinxiangla people; This restriction does not apply if both parties are members of the military on active duty. These Provisions only restrict the right of spouses of servicemen on active duty to request divorce, except for servicemen on active duty who file for divorce themselves.

This provision only applies to the filing of a divorce by one party, and does not apply to a divorce by mutual agreement between the parties.

2) Restrictions on the right of action for divorced marriages between men and women under certain conditions.

The husband may not file for divorce during the woman's pregnancy or within 1 year after childbirth; If the woman terminates the pregnancy in accordance with the requirements of family planning, the husband shall not file for divorce within 6 months after the operation; In the above circumstances, this limitation does not apply after the woman files for divorce, or if the people's court deems it necessary to accept the husband's request.

Cases in which a judgment does not allow a divorce and a divorce that is reconciled through mediation, or a case in which the adoption relationship is maintained through judgment or mediation, where there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months, shall not be accepted.