If the woman is mentally ill, can the man file for divorce?

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.

1. The wife suffers from mental illness and the husband can file for divorce. The law stipulates that marriage is free and both husband and wife have the right to divorce.

2. However, if the wife suffers from mental illness, she may be a person with no or limited civil capacity, so she can only sue the court for divorce, and whether the divorce can be determined by the court.

1) The divorce of a person with no or limited capacity for civil conduct cannot be divorced by agreement of the Civil Affairs Bureau, but can only be divorced through court litigation.

2) A person with no or limited capacity for civil conduct files a divorce lawsuit as a plaintiff.

The people's courts usually accept such cases when a person who lacks or has limited capacity for civil conduct files a divorce lawsuit. The first legal ** person of a person with no capacity for civil conduct or a person with limited capacity is his spouse. In divorce proceedings, his or her spouse naturally cannot be his or her ** person, and his parents and other close relatives must be changed to ** person.

During or before divorce proceedings, the capacity of a person who lacks or has limited capacity for civil conduct must be determined through a special procedure prescribed by the Code of Civil Procedure. Whether the special procedure is filed before or during the divorce proceedings is in accordance with the law.

3) A person with no or limited capacity for civil conduct shall act as a defendant in a divorce lawsuit.

If there are any other legal issues you can consult at any time, I hope mine is helpful to you!

If one party is mentally ill and the other party wants to divorce, the following conditions must be met: 1. Whether it is a disease before or after marriage, it cannot be cured for a long time, and if the illness is short or can be cured, it is not eligible. 2. Arrangements must be made for the living problems of the mentally ill party, and he cannot be left to fend for himself, such as the mentally ill person who is taken care of by his parents or guardians after the divorce or after the divorce, and the other party still takes care of him, so that the divorce can be obtained.

In real life, if one party is mentally ill, it is an allegation, unfair, and inhumane to the other party if the other party is not allowed to divorce, so that the other party can ask for a divorce after making arrangements for his or her life, which is also reasonable and legal, and there is no ideological pressure, nor will he bear the name of infidelity and injustice.

A mentally ill person is a person who does not have full capacity and is not suitable for divorce by mutual agreement. Because a mentally ill person does not have the ability to independently screen things, if one of the parties does not have full capacity for conduct at the time of divorce, and the other party divorces by deception or concealment, he or she may choose to sue the court to revoke the divorce certificate and divorce agreement issued by the civil affairs department. In addition, the spouse who wants to divorce can choose to divorce by litigation.

According to Article 3 of the Supreme People's Court's "Several Specific Opinions on How the People's Courts Determine that the Relationship between Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases", if a person conceals his mental illness before marriage and does not recover after marriage, or marries the other party knowing 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 it for a long time, it is deemed that the relationship between the husband and wife has indeed broken down. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

The woman is mentally ill and the man cannot be divorced. Unless the woman's guardian files for divorce, it is not allowed.

Can a mentally ill man file for divorce? It should be said that under normal circumstances, it should be said that you can file for divorce, but under such conditions, can you file for divorce? This is certainly contrary to the moral understanding of this family.

The woman is mentally ill and the man cannot file for divorce, because the woman is mentally ill and is a vulnerable group in marriage, and as long as the woman does not agree to the divorce, the man's divorce will not be approved.

No, you cannot. Because the man's filing for divorce again will undoubtedly make the woman's illness worse, the man cannot file for divorce.

You have the right to file for divorce regardless of your illness. It's your right. But you have to think about it, how did her mental illness come about, is it caused by your problems, how can you bear to abandon her with such a wife, do you still have a little responsibility, it is not like what a man should do, do it yourself.

In this case, it is generally not possible to divorce, but it is possible if the woman's parents are willing and the guardian is willing.

Under normal circumstances, if you have mental illness after marriage, you can't get a divorce.

Of course, it is possible to file for divorce, and divorce is an individual's right.

You can't file for divorce because she is sick and you can't throw it away.

If that's the case, I don't think it's okay to do anything, because the woman is sick, you can't file for divorce.

It's true that you can file for divorce, but do you really want a divorce? Are you going to abandon her like this? I think you should think about it and think about your marriage vows.

The woman is mentally ill and should not file for divorce, she should be taken care of by you.

Probably not, abandonment of mental illness is not allowed.

Look at that situation. If the woman conceals her mental illness before marriage, Nannan can file for divorce after marriage.

After marriage, it is a kind of responsibility, if one of the spouses is seriously ill and the other party cannot abandon or divorce, it is not allowed without special circumstances.

If the woman suffers from an illness and needs to be taken care of, the divorce court will not entertain the request.

Case-by-case analysis. You can't judge just by your words.

This is the time for you to ask yourself if love is tested.

Legal basis] Article 32 of the Marriage Law, in divorce proceedings, if one of the men and women requests a divorce, the relevant departments may mediate 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 should be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

The woman is mentally ill and the man can apply for divorce by litigation. According to the law, divorce granted ex officio for the mental illness of one of the spouses 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.

Can the woman get pregnant and the man file for divorce?

During the woman's pregnancy, the man is generally not allowed to file for divorce. The man cannot file for divorce during the pregnancy, within one year after the delivery of the pregnancy or within six months after the termination of the pregnancy. This limitation does not apply if the woman files for divorce or if the court deems it necessary to accept the husband's request for divorce.

The man cannot sue for divorce while the woman is pregnant. However, the law also empowers the court to confirm that if it is necessary to accept the husband's request for divorce, it may accept it.

[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.

If one party suffers from mental illness and cannot be cured for a long time, the other party may file for divorce; If divorced, it may not be possible to raise the child because one party is mentally ill, and it is difficult to fight for custody of the child. However, joint property (marital property) can be divided equally.

The woman is mentally ill, but it is not serious, can the man file for divorce?

Legal Analysis: If one party is mentally ill and the other party wants a divorce, the following conditions must be met:

1. Whether it is a disease before or after marriage, it can only be divorced if it cannot be cured for a long time, and if the illness is short or can be cured, it does not meet the conditions for divorce.

2. Arrangements must be made for the life of the mentally ill party, and he cannot be left to fend for himself, such as a mentally ill person who is taken care of by his parents or guardians after divorce or who is still cared for by the other party after the divorce, so that he can be divorced.

Legal basis: Point 10 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policy and Laws: Where one party suffers from mental illness and the other party requests a divorce, the handling should not only protect the freedom of marriage, but also facilitate the patient's ** and living arrangements. If the illness is concealed before marriage and cannot be cured after marriage, the divorce should be granted by doing a good job; If the husband and wife have a relatively good relationship, have been married for many years, and have children, it should be pointed out that the husband and wife have the obligation to help each other, do a good job in ideological work, and it is advisable to never leave.

If it is true that the suspicion has not been cured after a long period of treatment, and it turns out that the relationship between husband and wife can no longer be maintained, the divorce may be granted after the other party, relatives, and relevant units have arranged for the life, medical treatment, guardianship, and other issues of the sick person.

Legal analysis: If the woman is mentally ill, the man can file for divorce.

Legal basis: Article 10 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policy and Law Article 10 Where one party suffers from mental illness and the other party requests a divorce, the handling should not only protect the freedom of marriage, but also facilitate the patient's ** and living arrangements. If the illness is concealed before marriage and cannot be cured after marriage, work well and grant divorce; If the relationship between husband and wife is relatively good, they have been married for many years, and they have children, it should be pointed out that the husband and wife have the obligation to help each other, do a good job in ideological work, and it is appropriate to never leave.

If it is true that the relationship between husband and wife can no longer be maintained, the divorce may be granted after the other party, relatives and relevant units have arranged the living, medical treatment, guardianship and other issues of the patient.