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Anonymous users2024-02-12If the relationship between the husband and wife has indeed broken down due to mental illness after marriage, the divorce can be granted. If the woman is intermittently mentally ill, the parties can choose to divorce by mutual agreement when she is mentally normal, or if not, they need to divorce by litigation.
Legal basis] 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.
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Anonymous users2024-02-11After marriage, if the spouse is mentally ill, the other spouse 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. 1. If it is an intermittent mentally ill person who can identify his or her own capacity, both parties can go to the Civil Affairs Bureau to apply for a divorce by agreement, or divorce through a court judgment. 2. If it is a mentally ill person who is completely unable to recognize his or her own capacity, it is necessary to change the guardian first, and apply to the court for a change of guardianship at the court of the mentally ill person's place of residence, and may designate his parents, siblings, or neighborhood (village) committee or unit with guardianship capacity as guardians.
3. After the guardian is changed, the guardian shall go to the Civil Affairs Bureau to handle the agreement, or the divorce shall be decided by the court, and the guardian shall be present when the divorce procedures are handled or the court shall be present, and the relevant civil activities of the mentally ill shall be carried out.
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Anonymous users2024-02-10Legal Analysis: Yes. If a person conceals his mental illness before marriage and does not heal it after marriage, or marries him or her because he knows that the other party is mentally ill before marriage, or if one of the spouses suffers from mental illness while living together and cannot be cured, 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.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife wants to seek a divorce as soon as possible, 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 has no clear effect, the divorce shall be granted.
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