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Anonymous users2024-02-13According to the Civil Code of the People's Republic of China, if a person with intermittent mental illness is mentally ill, he or she can sue for divorce when he or she is mentally normal, otherwise if a mentally ill person sues for divorce, he or she needs to change his guardian first, and then file a lawsuit for divorce with the people's court through his 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.
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Anonymous users2024-02-12Legal 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.
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Anonymous users2024-02-11Legal analysis: If one of the spouses suffering from mental illness can only handle the divorce through litigation, if it is an intermittent mentally ill person, he can sue for divorce when he 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: "The People's Republic of China's People's Republic of China".
Article 22: Adults who are unable to 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 profitable and profitable, or civil juristic acts that are compatible with their intellectual and mental health conditions.
Article 1078:Where the marriage registration authorities ascertain 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.
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Anonymous users2024-02-10After marriage, if the spouse is mentally ill, the other spouse may request a divorce.
The legal conditions for divorce must be met before the couple can dissolve the marriage. According to the relevant provisions, if 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, it is deemed that the relationship between the husband and wife has broken down, and one party resolutely requests a divorce within the country, and after mediation is invalid, a judgment may be made to grant the divorce in accordance with law. If Rong is intermittently mentally ill, a lawsuit shall be heard during his normal period.
A mentally ill person cannot divorce "by agreement", even while he is sober. Mentally ill persons are legally referred to as "persons with limited capacity for civil conduct" or "persons with no capacity for civil conduct" and therefore cannot be held accountable for their own actions.
Considerations for divorce
In order to reduce rash and impulsive divorce and maintain family stability, the marriage and family section of the Civil Code provides for a "cooling-off period for divorce". Wait for 30 days, and if either party is unwilling to divorce within 30 days, he or she can withdraw the application for divorce registration to the Civil Affairs Bureau, that is, the divorce by agreement has not been reached. If none of the divorce applications are withdrawn, the next step will be moved.
Within the next 30 days, both parties must apply for a divorce certificate in person at the marriage registration office. If both parties do not apply for a divorce certificate in person at the marriage registration office within the second 30 days, the application for divorce registration shall be deemed to have been withdrawn.
If one of the spouses is mentally ill, I don't think it is possible to divorce. If the other party is not sick before marriage and is mentally ill after marriage, the other party cannot file for divorce, and the court does not support it. It is not his or her fault that he or she is sick, and it is the responsibility of the other party to take care of the other party.
Hello, it should be judged according to the nature of the debt, if it is a credit problem caused by the joint debts of the husband and wife, even the divorce will have an impact on the other party; If it is a personal debt of one of the spouses, it will not affect the credit of the other party. >>>More
To fight for custody in the event of divorce, the following conditions are required:1The materials that prove the economic ability of both husband and wife, such as salary slips, tax payment certificates, bank deposit slips, property rights certificates, etc., can provide a good living and learning environment for the children, which is very beneficial to the fight for child custody. >>>More
Hello, the death of one of the husband and wife will naturally extinguish the marital relationship of both parties, and the death of one of the husband and wife will lose the dependent subject, and there will be no way to constitute a marital relationship, which will lead to the natural extinction of the marital relationship. The marital relationship of a person who has been declared dead shall be terminated from the date of the declaration of death. Where the declaration of death is revoked, the marital relationship shall be restored on its own on the date on which the declaration of death is revoked. >>>More
Today I will share with you what to do if one of the parties to the divorce transfers property? The Supreme People's Court's Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts stipulates that if one party illegally conceals or transfers the property jointly owned by the husband and wife and refuses to hand it over, or illegally sells or destroys it, when dividing the property, the party who conceals, transfers, sells or destroys the property shall be given a smaller share or no share. When dealing with the property in detail, the property that is hidden, transferred, sold, or damaged shall be regarded as the share of the property shared by the party who concealed, transferred, sold, or damaged the property, and the share due to the other party shall be offset against the joint property of the other husband and wife, and if the discount is insufficient, the party who concealed, transferred, sold, or damaged the property shall compensate the other party at a discount. >>>More