What should I do if the woman is mentally ill after the divorce and the man refuses to distribute th

From a legal point of view, it is suggested that: first, the legal person of the woman is selected first, so that there is a qualified legal subject, and the standard parties exercise their rights and obligations, and second, the legal person or the entrusted person shall negotiate with the man reasonably and legally to solve the problem of division of common property.

The divorce process itself includes the distribution of property, and the amount of more or less is enforced in accordance with the divorce agreement or judgment, and if it is refused, it can be sued for enforcement. With the exception of minor children, the responsibilities of both parties to each other end after the divorce.

After the divorce, it is discovered that the woman has actually suffered from mental illness during the marriage, or she can sue for a new division of property.

After the divorce, if you refuse to distribute the property, you will immediately go to the court to sue the other party, regardless of whether the woman is mentally ill or not, and it has nothing to do with the distribution of property.

The speed must be fast, otherwise the man may transfer the property.

It can be resolved through the court, and it has nothing to do with the property and whether the other party is mentally ill. As long as you are divorced, your property needs to be styled.

Find a lawyer to consult, how can it not be distinguished, the law is fair. What should be hers is hers. One day husband and wife, Bairi En really has no conscience, she is sick and wants to swallow the family property alone.

You can go to court to sue the man, first of all, the man has violated the provisions of the marriage law, although the woman is mentally ill, but she has the right to divide the joint property of the husband and wife.

A mentally ill person is a person who does not have full capacity for conduct, so it is not suitable for both parties to divorce by agreement. According to Article 12 of the Regulations on Marriage Registration, the marriage registration authorities shall not accept the divorce if the parties to the divorce registration have any of the following circumstances:

1) Failure to reach a divorce agreement;

2) They are persons with no or limited capacity for civil conduct;

3) The marriage registration was not done in Chinese mainland.

The spouse who wants a divorce can go to court ex parte to file a lawsuit. According to Article 32 of the Marriage Law, if a man or a woman requests a divorce, the relevant department 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 mediation fails, the divorce should be granted.

At the same time, according to Article 3 of the Supreme People's Court's "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", if the person conceals his mental illness before marriage and does not heal after marriage, or marries the other party knowing that the other party is mentally ill before marriage, or if one party suffers from mental illness during the period of living together with the husband and wife and does not heal for a long time, it is deemed that the relationship between the husband and wife has indeed broken down. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

If one party suffers from mental illness and cannot be cured for a long time, the other party may file for divorce; If divorced, it may not be possible to raise the child because one party is mentally ill, and it is difficult to fight for custody of the child. However, joint property (marital property) can be divided equally.

The woman is mentally ill, but it is not serious, can the man file for divorce?

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.

1. The wife suffers from mental illness and the husband can file for divorce. The law stipulates that marriage is free and both husband and wife have the right to divorce.

2. However, if the wife suffers from mental illness, she may be a person with no or limited civil capacity, so she can only sue the court for divorce, and whether the divorce can be determined by the court.

1) The divorce of a person with no or limited capacity for civil conduct cannot be divorced by agreement of the Civil Affairs Bureau, but can only be divorced through court litigation.

2) A person with no or limited capacity for civil conduct files a divorce lawsuit as a plaintiff.

The people's courts usually accept such cases when a person who lacks or has limited capacity for civil conduct files a divorce lawsuit. The first legal ** person of a person with no capacity for civil conduct or a person with limited capacity is his spouse. In divorce proceedings, his or her spouse naturally cannot be his or her ** person, and his parents and other close relatives must be changed to ** person.

During or before divorce proceedings, the capacity of a person who lacks or has limited capacity for civil conduct must be determined through a special procedure prescribed by the Code of Civil Procedure. Whether the special procedure is filed before or during the divorce proceedings is in accordance with the law.

3) A person with no or limited capacity for civil conduct shall act as a defendant in a divorce lawsuit.

If there are any other legal issues you can consult at any time, I hope mine is helpful to you!

If one party is mentally ill and the other party wants to divorce, the following conditions must be met: 1. Whether it is a disease before or after marriage, it cannot be cured for a long time, and if the illness is short or can be cured, it is not eligible. 2. Arrangements must be made for the living problems of the mentally ill party, and he cannot be left to fend for himself, such as the mentally ill person who is taken care of by his parents or guardians after the divorce or after the divorce, and the other party still takes care of him, so that the divorce can be obtained.

In real life, if one party is mentally ill, it is an allegation, unfair, and inhumane to the other party if the other party is not allowed to divorce, so that the other party can ask for a divorce after making arrangements for his or her life, which is also reasonable and legal, and there is no ideological pressure, nor will he bear the name of infidelity and injustice.

A mentally ill person is a person who does not have full capacity and is not suitable for divorce by mutual agreement. Because a mentally ill person does not have the ability to independently screen things, if one of the parties does not have full capacity for conduct at the time of divorce, and the other party divorces by deception or concealment, he or she may choose to sue the court to revoke the divorce certificate and divorce agreement issued by the civil affairs department. In addition, the spouse who wants to divorce can choose to divorce by litigation.

According to Article 3 of the Supreme People's Court's "Several Specific Opinions on How the People's Courts Determine that the Relationship between Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases", if a person conceals his mental illness before marriage and does not recover after marriage, or marries the other party knowing that the other party is mentally ill before marriage, or if one party suffers from mental illness during the period of living together with the husband and wife and does not heal it for a long time, it is deemed that the relationship between the husband and wife has indeed broken down. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

The woman is mentally ill and the man cannot be divorced. Unless the woman's guardian files for divorce, it is not allowed.

Can a mentally ill man file for divorce? It should be said that under normal circumstances, it should be said that you can file for divorce, but under such conditions, can you file for divorce? This is certainly contrary to the moral understanding of this family.

The woman is mentally ill and the man cannot file for divorce, because the woman is mentally ill and is a vulnerable group in marriage, and as long as the woman does not agree to the divorce, the man's divorce will not be approved.

No, you cannot. Because the man's filing for divorce again will undoubtedly make the woman's illness worse, the man cannot file for divorce.

You have the right to file for divorce regardless of your illness. It's your right. But you have to think about it, how did her mental illness come about, is it caused by your problems, how can you bear to abandon her with such a wife, do you still have a little responsibility, it is not like what a man should do, do it yourself.

In this case, it is generally not possible to divorce, but it is possible if the woman's parents are willing and the guardian is willing.

Under normal circumstances, if you have mental illness after marriage, you can't get a divorce.

Of course, it is possible to file for divorce, and divorce is an individual's right.

You can't file for divorce because she is sick and you can't throw it away.

If that's the case, I don't think it's okay to do anything, because the woman is sick, you can't file for divorce.

It's true that you can file for divorce, but do you really want a divorce? Are you going to abandon her like this? I think you should think about it and think about your marriage vows.

The woman is mentally ill and should not file for divorce, she should be taken care of by you.

Probably not, abandonment of mental illness is not allowed.

Look at that situation. If the woman conceals her mental illness before marriage, Nannan can file for divorce after marriage.

After marriage, it is a kind of responsibility, if one of the spouses is seriously ill and the other party cannot abandon or divorce, it is not allowed without special circumstances.

If the woman suffers from an illness and needs to be taken care of, the divorce court will not entertain the request.

Case-by-case analysis. You can't judge just by your words.

This is the time for you to ask yourself if love is tested.

After the spouses choose to divorce, the property needs to be divided. According to the provisions of the Marriage Law, the joint property of the husband and wife shall first be disposed of through consultation between the two parties, and if no agreement can be reached, then the people's court shall determine the division of the property according to the specific circumstances. What should the husband do if the woman has a history of mental illness and the husband refuses to distribute the property after the divorce?

I think there are the following main aspects. First of all, the husband violates the marriage law by doing so, and although the woman has a history of mental illness, she also has the right to demand the division of the joint property of the husband and wife. Second, the people's court will make a judgment based on the principle of taking care of the children and the rights and interests of the woman, and the woman has a history of mental illness and belongs to the weaker party, and the court will be inclined to help the woman.

Finally, since the husband and wife are together, after the divorce, the man should not do things too desperately. In addition, since the woman has a history of mental illness and has difficulties in life, the woman can ask the man to give a certain amount of financial compensation, and the court will make a ruling.

1: When the woman encounters such a situation, she should file a lawsuit with the court in time.

The husband violates the marriage law by doing so, and although the woman has a history of mental illness, she also has the right to demand the division of the joint property of the husband and wife.

2: The woman can ask a lawyer to defend herself.

The people's court will make a judgment based on the principle of taking care of the children and the rights and interests of the woman, who has a history of mental illness and belongs to the weaker party, and the court will be inclined to help the woman.

Three: The woman is in difficulty in life, and the man should not refuse to divide the property on this ground, which is very immoral.

Since the husband and wife are together, after the divorce, the man should not do things too desperately. In addition, since the woman has a history of mental illness and has difficulties in life, the woman can ask the man to give a certain amount of financial compensation, and the court will make a ruling.

What should the husband do if the woman has a history of mental illness and the husband refuses to distribute the property after the divorce? If you have anything else you would like to add, please leave a message below the comment area. If you also agree with this article, remember to like and follow.

If this happens, then you can solve the matter by calling the police, you can also file a lawsuit with the law, and you can also report the man to the relevant departments. Therefore, when we encounter this situation, we must use legitimate channels to protect our rights and interests, and do not be afraid of the other party.

I didn't figure it out, yes, the woman has a history of mental illness, so why does the property have to be distributed after the divorce, what you wrote above is that the man has already distributed the property after the divorce, is there something wrong with the time period.

At this time, you can sue for divorce and then take the man to court, because this behavior of the man is also a serious violation of the law, and he has also obtained the legitimate rights and interests of the woman.

It is very unreasonable to file a lawsuit in court immediately, and the woman should also defend her rights.

If the woman is mentally aware of her illness and wants to divorce the joint property of the husband and wife, she should generally divide it equally and take care of the sick party in law. In the event of a divorce, if one party is in difficulty, the other party who is able to afford to take care of it should provide appropriate assistance.

Legal basis

Article 1090 of the Civil Code provides that in the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Legal analysis: The joint property should be divided equally, but the law can take care of the weaker party, and the other party can give appropriate assistance.

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 office.

The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions of the parties on matters such as child support, property, and debt disposal.

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.