My husband is mentally ill, should he get a divorce?

Updated on healthy 2024-06-17
5 answers
  1. Anonymous users2024-02-12

    First of all, it is important to be clear that in a marital relationship, one of the parties suffering from psychosis is a very complex situation that requires consideration of many factors. Here are some suggestions and considerations that may be useful:

    1.Symptoms and severity of psychosis: The severity and symptoms of psychosis need to be assessed, as well as the impact of these symptoms on the marital relationship. If your symptoms are severe and interfere with your daily life, you may need to seek a professional** and medication.

    2.The status of the marital relationship: It is necessary to think about the status of the marital relationship, including mutual affection, communication, family support and other factors. If the relationship is good, consider facing this problem together and seeking professional help.

    3.Family support and resources: If the family has a support system, such as a family or a friend, or financial resources, consider seeking their help. At the same time, you can also consider finding a professional psychological counselor or marriage ** to help deal with this problem.

    4.Legal issues: It is necessary to understand what the law says about this situation, such as whether it is possible to file for divorce or division of property.

    Finally, it is a very personal decision about whether or not you should get a divorce. If the issue has already had a serious impact on your life and marital relationship, and you can't stand the situation, then a divorce can be considered. However, it is best to consider all the factors and seek professional help and advice before making a decision.

  2. Anonymous users2024-02-11

    As long as one of the following three conditions 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 can sue for divorce in court.

    1. Concealing mental illness before marriage and not being cured after marriage.

    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.

    2. Knowing that the other party is mentally ill before marriage and marrying him.

    One party suffered from mental illness before marriage, and the other party to the marriage also knew that he was mentally ill, and the other party knew that one party was mentally ill and had to register his marriage with him.

    3. 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.

    One of the parties had no history of mental illness before marriage, but after marriage, suddenly became ill. The sick party has been diagnosed and treated in many places, and the condition is uncontrollable and the hospital has diagnosed that his mental illness can no longer be **.

    According to the "Several Specific Opinions on How the People's Courts Determine that the Relationship between the Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases", the people's courts hearing divorce cases should be based on whether the couple's feelings and feelings have indeed broken down. According to the relevant provisions and the practical experience of adjudication, in any of the following circumstances, 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. One party suffers from a disease that is legally prohibited from marriage, or one party has a physical defect or other reasons that prevent sexual intercourse, and it is difficult to **.

    2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live together.

    3. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one of the spouses suffering from mental illness during the period of living together and not being cured for a long time.

    4. One party deceives the other party, or falsifies the marriage certificate during marriage registration.

    5. After the marriage is registered, the parties do not live together, and there is no possibility of reconciliation.

  3. Anonymous users2024-02-10

    Legal analysis: 1. Divorce can be carried out 2. If it is a case of concealment of illness before marriage, the law allows divorce.

    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 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.

  4. Anonymous users2024-02-09

    1. Can my husband get a divorce if he is mentally ill?

    1. The husband is mentally ill and can file a divorce lawsuit. There are three main situations in which a divorce lawsuit is filed because one of the parties is mentally ill:

    1) Knowing that the other party is suffering from mental illness before marriage and marrying him, and the marriage cannot be cured for a long time after marriage;

    2) One party has suffered from mental illness before marriage, but the patient and his relatives conceal his or her mental illness history, and live together after marriage;

    3) One party suffers from mental illness during the period of living together after marriage, and the other party requests a divorce.

    2. Legal basis: Article 3 of the "Several Specific Opinions of the Supreme People's Court on How to Determine that the Relationship between the Husband and Wife Has 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.

    2. What are the ways of divorce?

    There are two types of divorce, namely divorce by agreement and divorce by litigation, which are as follows:

    1. Divorce by agreement, also known as two-wish divorce or registered divorce, is a divorce method in which the marriage relationship is dissolved due to the agreement of both parties. That is, if both the man and the woman divorce voluntarily, the divorce is granted. However, both parties must apply for divorce at the marriage registration office;

    2. Litigation divorce is a divorce way in which one of the husband and wife requests a divorce and the other party does not agree to the divorce, or there is a dispute over the division of property, the sharing of debts, the maintenance of children and other issues and cannot reach an agreement, and the people's court files a lawsuit, and the people's court dissolves the marriage relationship through mediation or judgment after trial.

  5. Anonymous users2024-02-08

    Yes. 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" clarifies the circumstances under which the relationship between the husband and wife is deemed to have broken down, and if one party insists on requesting a divorce, the divorce may be granted in accordance with the law after mediation is invalid. Article 3 provides for divorce if one of the spouses suffers from mental illness.

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