Can one of the spouses get a divorce if he or she is mentally ill

If one of the spouses is mentally ill, I don't think it is possible to divorce. If the other party is not sick before marriage and is mentally ill after marriage, the other party cannot file for divorce, and the court does not support it. It is not his or her fault that he or she is sick, and it is the responsibility of the other party to take care of the other party.

One of the husband and wife is mentally ill, you can't divorce, you have to treat him, take good care of her, whether it is a man or a woman, you should have a conscience, since you are living with you, you are sick, you want to divorce him, this is too inhumane, I think I can't divorce her, I should take care of her for a lifetime.

If one of the spouses is mentally ill, you can't divorce, you should treat him and take good care of her, you can't divorce, if he is a normal person, you can get a divorce, if he is sick, you have the right to take care of her, you can't divorce.

If one of the spouses is mentally ill, you can apply for divorce, and you must first present evidence that one of the spouses is mentally ill, but if there is no one in the psychiatric hospital ward to take care of you, you cannot divorce him, because you have to take care of her out of responsibility.

There is no mental illness when you get married, and some divorces after marriage are okay, but you have to be responsible for all the expenses of her living. Both men and women must have a conscience. Since a woman has given you children, it is your responsibility to take care of her.

No. If the divorce is a crime of desertion, it is not allowed under the Marriage Act.

Divorce is possible. If one party conceals mental illness before marriage, which is a case of fraud, the other party can file a request for annulment of the marriage.

If one of the parties is aware that the other party is suffering from mental illness before the marriage and marries him, and the person or one of the parties suffers from mental illness during the period of living together as husband and wife, which cannot be cured for a long time, then the situation of shouting and selling may constitute a breakdown of the relationship between the husband and wife. In the case of a dispersion in this state, if one party insists on a divorce, the court may grant the divorce in accordance with the law if mediation fails. Of course, the primary burden of proof is on the party requesting a divorce to prove that the relationship has broken down and that there is no real possibility of reconciliation.

1. Can one of the spouses be divorced if he or she is mentally ill?

1. One of the spouses can be divorced if he or she is mentally ill. If one party suffers from mental illness and does not heal for a long time, and the other party files a lawsuit with the court for divorce, Duan Xuchi may be deemed to have broken down the relationship between the husband and wife, and if mediation fails, the court may make a judgment to grant the divorce to both parties.

2. Legal basis: Article 1079 of the Civil Code of the People's Republic of China 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) Holding Li 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. What materials need to be prepared for divorce?

The following documents are required to apply for divorce:

1. ID cards and household registration books of both parties;

2. Divorce agreement;

3. Marriage certificate;

4. The party's single person has recently been half-bareheaded**.

*Yes**, one of the spouses is mentally ill and can be divorced.

According to the Supreme People's Court's "Several Specific Meanings on How to Determine the Relationship between the Husband and Wife in the Trial of Divorce Cases by the People's Court", if one of the husband and wife is mentally ill, it can be regarded as a breakdown of the relationship between the husband and wife, and one party resolutely requests a divorce, and the mediation is ineffective, and the divorce may be granted in accordance with the law.

Specifically, there are three scenarios:

1.If the other party conceals his mental illness before marriage and does not heal after marriage, or marries the other party knowing that he or she is mentally ill before marriage, the other party may file for divorce.

2.If one of the spouses suffers from mental illness during the period of living together and cannot be cured for a long time, as long as this condition is met, regardless of whether the other party to the marriage knows that one of the parties to the marriage is mentally ill, he or she may sue for divorce in court or divorce by mutual agreement.

3.If there is no history of mental illness before marriage, but after marriage, the party who suddenly gets sick and has reed disease has been diagnosed in many places and the condition is uncontrollable and his mental illness can no longer be diagnosed by the hospital, the other party can also file for divorce.

One of the spouses is mentally ill and can be divorced. 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 relationship between the husband and wife is relatively good, but because they are suffering from mental illness and cannot be cured for a long time, and it turns out that the relationship between the 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 patient's life, medical treatment, guardianship, and other issues. If 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.

Divorce has the following legal characteristics:

1. The dissolution of marriage is premised on the existence of a lawful marital relationship. Divorce is the dissolution of a legally valid marriage, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Where a man and a woman who do not meet the requirements for marriage request a "divorce" after being married, it is not to be handled as divorce.

2. The subject of the dissolution of the marriage relationship is the parties to the marriage. The dissolution of marriage reflects the will of the parties and can only be carried out by the parties themselves.

3. The dissolution of marriage shall comply with the statutory conditions and procedures for divorce. The parties need to go through the divorce formalities in accordance with the legal procedures, otherwise the legal effect of the divorce will not occur.

4. The dissolution of marriage will produce a series of legal consequences of divorce. The termination of the marital relationship will lead to a series of consequences such as the termination of the personal relationship between the husband and wife, the liquidation of joint property, the change of child support methods, and the settlement of joint debts. What are the ways of divorce in accordance with the current laws of our country[Legal basis].

Civil Code of the People's Republic of China

Article 22: Adults who are unable to fully recognize their own conduct are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated **person** or with the consent and retrospective consent of their legally-designated **person; However, they may independently carry out civil juristic acts that are purely beneficial or that are appropriate to their intellectual or mental health conditions.

Article 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Only if one of the parties is mentally ill before the marriage and deliberately conceals it can the divorce application be filed ......

If there is a vertical split mentioned before marriage or after marriage, then there is no right to apply, even if Wang infiltrates the compulsory application, it will not be supported!

This is absolutely not a no-no.

Hello dear, if one of the spouses is mentally ill, the divorce can be carried out, but it generally needs to be resolved through litigation. One of the spouses can also be divorced if they are mentally ill, but they need to divorce through litigation before they can dissolve the marriage relationship between the two parties; When suing for divorce, it is necessary not only to determine the breakdown of the relationship between the parties, but also to ensure that the mentally ill spouse can get a secure life after the divorce. The Supreme People's Court's "Several Specific Meanings on How to Determine the Breakdown of the Relationship between the Husband and Wife in the Trial of Divorce Cases by the People's Court is Better than the People's Court" clarifies several circumstances under which the relationship between the husband and wife is deemed to have broken down.

One of the spouses is mentally ill, and in order to be able to stabilize the marriage and achieve the establishment of the marriage, he conceals his illness from the other party to the marriage, and after the marriage, one of the spouses becomes ill, so that the other party becomes aware of the illness. The offender has been consulted by a doctor and is not under control and may be more severe.