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Anonymous users2024-02-12Legal analysis: If the wife has a mental illness and the relationship between the husband and wife has indeed broken down, it is possible to divorce. If the wife is intermittently mentally ill, the parties can choose to divorce by mutual agreement while she is mentally normal, or if not, they need to divorce through litigation.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Anonymous users2024-02-11First 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.
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Anonymous users2024-02-101. The woman has mental illness and can be divorced. A mentally ill person who does not have full capacity for civil conduct cannot divorce by agreement, and his spouse can sue the court for divorce. If the court finds that one of the spouses is suffering from mental illness that has not been cured for a long time, resulting in the breakdown of the relationship between the husband and wife, the court will grant a divorce.
2. Article 1079 of the Civil Code provides that if one of the husband and wife requests a divorce, the relevant organization 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 the mediation fails, the divorce should be granted. Manuscript embedded.
Civil Code of the People's Republic of China
Article 22.
Adults who cannot 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.
Civil Code of the People's Republic of China
Article 1078.
If the marriage registration authority finds that the two parties are indeed voluntarily divorced, and have reached a consensus on matters such as child support, property, and debt handling, they shall be registered and a divorce certificate shall be issued.
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Anonymous users2024-02-09If it is found that the wife is mentally ill during the marriage, she can divorce, if she is an intermittent mentally ill person, she can sue for divorce when she is mentally normal, otherwise if the mentally ill person sues for divorce, he needs to change the guardian first, and then file a lawsuit for divorce with the people's court through the guardian.
[Legal basis].Article 22 of the Civil Code of the People's Republic of China.
Adults who cannot 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.
If the marriage registration authority ascertains 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.
It's not necessarily mental illness, your mind doesn't relax, you have to make yourself feel better, relax, you're forcing yourself to do anything. Let your nerves relax and you'll be fine. Soon it won't be.
It's still psychotic, it's still an advanced stage.
Hello, psychosis refers to a severe psychological disorder, in which the patient's cognition, emotion, will, action and other mental activities can have lasting and obvious abnormalities; Unable to study, work, and live normally; Actions and behaviors are difficult to be understood by the general public; Under the control of pathological psychology, there are actions such as suicide or attacking or harming others. Mental illness mainly adopts medication, behavior, work, entertainment, psychology and other aspects of counseling to eliminate or alleviate various obstacles of the patient. In addition, diet** is also a very good choice.
Hello landlord, if the family member is unfortunately mentally ill. >>>More
It may be hereditary. Because some mental illnesses are hereditary, or they are too stressed and can't get a good **, they may also get mental illness.