If the woman is mentally ill, can she get a divorce?

Legal analysis: If the woman has a mental illness that has caused the relationship between the husband and wife to break down, she can get a divorce. 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 of the People's Republic of China: 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.

First 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.

The woman is mentally ill and can sue for divorce. In addition, under normal circumstances, the woman's mental illness needs to be filed by her guardian on her behalf, and the determination of her guardian needs to be borne in order in accordance with the law.

[Legal basis].

Article 21 of the Civil Code of the People's Republic of China provides that adults who cannot recognize their own conduct are persons with no capacity for civil conduct, and their legally-prescribed **persons** shall carry out civil juristic acts. Where minors over the age of 8 are unable to recognize their own conduct, apply the provisions of the preceding paragraph. Article 57 of the Civil Procedure Law: A person who lacks the capacity to litigate shall be represented by his guardian as a legal person.

Where legally-prescribed persons pass the buck to each other, the people's court is to designate one of them to litigate on their behalf.

It is estimated that it will not be able to leave, and it will become ill later. If a person deliberately conceals his illness before marriage, and discovers that he or she has a mental illness that affects the relationship and life of the husband and wife after marriage, he can apply to the court for the dissolution of the marriage relationship. If you get sick after marriage, everyone has given birth to you for 9 years, and if you get sick, you want to divorce them, and the court will not support this.

People will say that you are a wolf, people will say that you are simply a beast, people will say that you are not a man at all, people will say that you are not as good as a beast, people will say that you are not worthy of being a man, people will say that you are not good to die.

Hello, mental illness belongs to Article 32, Paragraph 3, Paragraph 5 of the Marriage Law and other circumstances that lead to the breakdown of the relationship between husband and wife, so you can choose to divorce.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse;

2) Committing domestic violence or abusing or abandoning family members;

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

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

If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Article 3 of the Specific Opinions on How the People's Court Determines that the Relationship between the Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases stipulates that "if one party conceals his mental illness before marriage and cannot be cured for a long time after marriage, or marries him or her before marriage knowing that the other party is mentally ill, or one party suffers from mental illness during the period of living together and cannot be cured for a long time", it shall be deemed that the relationship between the husband and wife has indeed broken down. If one party insists on a divorce and mediation fails, the divorce may be granted after arranging the patient's life, medical treatment, and guardianship issues.

With regard to the divorce of mentally ill persons and vegetative persons, China's laws also provide for some special protections. 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. If the illness is concealed before marriage and cannot be cured after marriage, work well and grant divorce; If the relationship between husband and wife is relatively good, they have been married for many years, and they have children, it should be pointed out that the husband and wife have the obligation to help each other, do a good job in ideological work, and it is appropriate to never leave.

If it is true that the relationship between husband and wife can no longer be maintained, the divorce may be granted after the other party, relatives and relevant units have arranged the living, medical treatment, guardianship and other issues of the patient.

It can be seen from these provisions that although the freedom of marriage of the healthy spouse should also be guaranteed for the divorce of the mentally ill, the premise for granting a divorce must be that the mentally ill person has been properly accommodated, otherwise the divorce will not be allowed. Some people do not fulfill their obligation to support their spouses and try to exempt themselves from their responsibilities simply by divorce, which is certainly not supported by the law.