How to file for divorce if your spouse is mentally ill

Legal analysis: If the spouse suffers from mental illness and wants to divorce, if it is an intermittent mental patient, he can sue for divorce when he is mentally normal, otherwise if the mentally ill person sues for divorce, he needs to change his guardian first, and then file for divorce with the people's court through his guardian. Legal basis:

Civil Code of the People's Republic of China Article 1079 Where 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 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.

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.

Article 855 of the Civil Code: 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 gambling, drug abuse, or other vices that have been repeatedly taught;

(4) They have been separated for two years due to emotional discord;

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

Article 855 of the Civil Code of the People's Republic of China provides that the parties to a cooperative development contract shall make investment in accordance with the agreement, including investment in technology, participate in research and development work in a division of labor, and cooperate with research and development work.

From the perspective of legal provisions, although the spouse of a mentally ill party is a person with no capacity for civil conduct and does not have the capacity for litigation, he still has the capacity for litigation rights and can still participate in the litigation as a qualified party in the litigation. The first guardian of a person with no capacity for civil conduct is the spouse, so if the spouse of one party with mental illness files a lawsuit for divorce with the court, the other spouse is not allowed to appear in court as a person of ** because he is the opposite party to the case. Therefore, if the spouse who suffers from mental illness wants to sue for divorce, then he must first request the court to change the guardian, and the actual guardian can change himself to the guardian as Ms. Wang's father did in this case, and after the change, the guardian can file a divorce lawsuit on his behalf.

Article 32 of the Marriage Law states in item 5 of the statutory reasons for filing for divorce that "other circumstances that lead to the breakdown of the relationship between the husband and wife" refers to reasons other than the first four statutory reasons, such as the breakdown of the relationship between the husband and wife 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, the people's court may make a judgment for divorce if the mediation is invalid.

If the spouse changes mental illness and the other spouse wants to file for divorce, he or she must present a certificate issued by the spouse's psychiatric hospital, and then apply to the court for a court decision.

If your spouse has a mental illness, the court will not allow you to divorce either of you, because one party has no civil capacity, and as spouses, you should support each other.

If the spouse is mentally ill and has evidence, he or she can go to the court to sue and ask the court to grant a divorce.

It seems that it is not possible, it is only possible to have a broken relationship or a voluntary divorce between the two parties, you can check the Civil Code to see the conditions for divorce.

The hospital will prove that the other party is mentally ill, and the court will grant a divorce.

If the spouse is mentally ill, he or she may sue the court for divorce. If the other party conceals his mental illness before marriage and does not heal after marriage, or marries him or her because he knows that the other party is mentally ill before marriage, or if one party suffers from mental illness during the period of living together and cannot be cured for a long time, one party resolutely requests a divorce, and if mediation fails, a judgment may be made to grant divorce in accordance with law.

Legal basis:In short, this is disturbed.

Article 1053 of the Civil Code: If one party suffers from a major illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.