How to divorce a spouse who is mentally ill

Legal analysis: The ways to divorce a mentally ill person are as follows: Chinese law stipulates that divorce can be done in two ways, one is divorce by agreement and the other is divorce by litigation.

Divorce from a mentally ill person can only be resolved through litigation, and a normal person sues a mentally ill person for divorce, and the court may appoint a ** person for the mentally ill.

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.

In the face of this situation, we should treat it rationally, analyze and think from multiple angles. First of all, it is necessary to understand the other party's condition and symptoms, consider the possible impact of the disease on married life, such as marital life, career, family, etc., and whether they have the ability and willingness to bear these pressures. Secondly, it is necessary to consider the other party's **and**situation, whether it is possible to alleviate or **condition, and you need to understand the possibility and plan of **.

Finally, you need to consider whether your emotional and family life has been seriously affected, and if you can't continue the marriage, you need to consider how to end the marriage justly. If you feel that you can't handle the stress and repercussions of this situation, then divorce is a viable option. However, before making a decision, I recommend that you seek professional counselling and medical support to help you better deal with your emotions and thinking issues and make more informed decisions.

If someone hides their serious mental illness before getting married, and the illness can seriously affect the marital relationship and quality of life, then this can be considered cheating. However, if this mental illness was discovered after the marital relationship was established, then it is difficult to say that it is a form of deception. In this case, I cannot give specific advice on your decision, because every individual situation is different and there are many factors to consider, such as the severity of the disease, the basis of your relationship with your spouse, the situation of your spouse, and other factors that affect your decision.

If your spouse's severe mental illness is effective**, his or her condition is under control, and you are able to accept and deal with the illness, then you may choose to continue your relationship.