Can a woman apply for divorce if she is mentally ill?

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.

No, because a mentally ill person is not a person with full capacity for civil conduct, he cannot independently carry out civil legal acts, and can only achieve the goal of divorce through litigation divorce. A lawsuit for divorce shall provide materials such as the complaint, the plaintiff's ID card, the defendant's identity information, and the marriage certificate. Where a person conceals his mental illness before marriage and does not recover after marriage, or marries the other party knowing that he or she is mentally ill before marriage, or where one party suffers from mental illness during the period of living together as husband and wife and does not heal for a long time, it is deemed that the relationship between husband and wife has truly broken down.

If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law. Article 1076 of the Civil Code provides that if a husband and wife divorce voluntarily, they shall sign a divorce agreement and apply for divorce registration in person at the marriage registration office. 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 1070 of the Civil Code provides that if a man or a woman requests a divorce in divorce proceedings, the relevant departments 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. In any of the following circumstances, if mediation is ineffective, a divorce shall be granted:

1) bigamy or cohabitation with another person who has 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 after repeated attempts; (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. If one party is declared missing and the other party files a divorce lawsuit and loses the lawsuit, the divorce shall be granted.

Legal Analysis: Yes. The woman is mentally ill, and if the relationship between the two parties does break down and there is no possibility of reconciliation, the other party can apply for divorce.

Where 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 husband and wife has truly broken down. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

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.

Yes, if the woman conceals her mental illness before marriage and does not heal it after marriage, or marries her before knowing that the other party is mentally ill, or if one party suffers from mental illness during the period of living together and does not heal for a long time, it is deemed that the relationship between the husband and wife has indeed broken down. If the husband insists on a divorce, and the mediation fails, the divorce may be granted in accordance with the law.

According to the "Several Specific Opinions of the Supreme People's Court on How the People's Court Determines that the Relationship between the Husband and Wife Has Broken Down in the Trial of Divorce Cases".

When a people's court hears a divorce case, whether or not a divorce is granted or not, the distinction shall be based on whether the relationship between the husband and wife has truly broken down. To determine whether the relationship between husband and wife has truly broken down, a comprehensive analysis shall be made from aspects such as the basis of marriage, postmarital feelings, reasons for divorce, the current state of the relationship between husband and wife, and whether there is a possibility of reconciliation. According to the relevant provisions of the Marriage Law and the practical experience of adjudication, in any of the following circumstances, it shall be deemed that the relationship between husband and wife has truly broken down.

If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

3. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one of the spouses suffering from mental illness during the period of living together and not being cured for a long time.

Our 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.

Do you love her? If you are mentally ill, what did you marry in the first place? Now you dislike people?

Several specific opinions of the Supreme People's Court on how to determine that the relationship between husband and wife has truly broken down in the trial of divorce cases provides:

1. Concealing mental illness before marriage and not being cured after marriage.

or marrying the other party before marriage knowing that the other party is mentally ill, or one party suffering from mental illness during the period of living together as husband and wife, which cannot be cured for a long time.

That is, if the mental illness is concealed before marriage, and the divorce can be granted after the marriage is not cured, and the above provisions are met, the law may grant the divorce.

2. If the other party is married before marriage knowing that the other party is mentally ill, or if he suffers from mental illness after marriage, the divorce will be granted only after a long period of time and has not been cured.

If the above clauses are met, the court will grant the divorce.

Have you been in your case, first make sure your wife is depressed and did you know before marriage?

If you don't know it, it will go smoothly to file for divorce, which is the first one.

If you know about your wife's illness before marriage, it will be judged according to Article 2.

As for filing for divorce, you can do so at any time.

In addition, there is no clear provision for the long-term ** law in this article.

The parties can divorce by agreement, and if the negotiation fails, they can file a lawsuit in the court.