Can the other party get a divorce if he has a mental illness?

Legal Analysis: Divorce can also be carried out if the other party is mentally ill. The specific provisions of the law on the divorce of mentally ill persons generally mean that in ordinary divorce cases, the divorce proceedings must be conducted by the person himself, but due to the special circumstances of the mentally ill, he or she shall be treated differently, and if it is intermittent mental illness, the litigation shall be conducted during the time when he is mentally normal.

However, there is also a situation in which one party suffers from mental illness during the period of living together and cannot be cured for a long time, it is deemed that the relationship between the husband and wife has indeed broken down, and one party insists on requesting a divorce, and after mediation fails, a judgment may be made to 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 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.

First of all, it is necessary to distinguish the condition, if you suffer from a serious mental illness before marriage and can seriously affect your married life, so as to deliberately conceal it, this can indeed be defined as "cheating marriage". If you suffer from severe mental illness after marriage, it cannot be regarded as "cheating marriage", because if you get sick after marriage, this has nothing to do with the marriage itself.

As for whether to divorce or not, it is not only about one's own feelings, but also about the mental health of the other party. If it is found that the other party has a serious mental illness, then I will consider the possibility of divorce. However, before making a decision, I would like to consider the following:

First, I would consider whether the other person's mental illness is okay and how likely it is. If the doctor thinks that the disease is okay, then I may consider continuing the marriage and helping the other person to accept it in order to improve my mental state.

Secondly, I will consider whether I have what it takes to help the other person through this difficult time. If I feel that I am capable of accompanying and caring for each other, then I may choose to continue with my marriage rather than divorce.

Finally, I consider the impact of divorce on both parties, as well as the social and psychological issues that may be faced after the divorce. If I think that divorce will have more negative consequences for both parties, then I may consider continuing the marriage rather than divorce.

In general, if it is found that the other party has a serious mental illness, I will carefully consider whether to divorce and fully consider the interests of both parties. If I think that divorce will have more negative consequences for both parties, then I may consider continuing the marriage rather than divorce.

Divorce is possible, but if the defendant is mentally ill at the time of divorce, he can only sue for divorce through litigation.

When a people's court hears a divorce case, the criterion for granting or not granting a divorce is whether the relationship between the husband and wife has truly broken down. To determine whether the relationship between husband and wife has indeed broken down, it is based on a comprehensive analysis of the foundation of marriage, post-marital feelings, reasons for divorce, the current situation of the relationship between husband and wife, and whether there is a possibility of reconciliation. A person who 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 and does not heal for a long time, in practice it is deemed that the relationship between 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. At the same time, the court is more cautious in divorce proceedings involving mentally ill persons, and under normal circumstances, it takes two lawsuits over the age of justice before the court finds that "the relationship is truly broken down and it is difficult to live together".

[Legal basis].

Article 24 of the General Provisions of the Civil Law of the People's Republic of China provides that for adults who are unable to recognize or cannot fully recognize their own conduct, their interested parties or relevant organizations may apply to the people's courts to designate the adult as a person with no or limited capacity for civil conduct.

Article 32 of the Marriage Law of the People's Republic of China provides that if a man or a woman requests a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court. The People's Law Court hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should 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 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 initiates divorce proceedings, the divorce shall be granted.

Several Specific Opinions on How the People's Court Determines the Breakdown of the Relationship between the Husband and Wife in the Trial of Divorce Cases" When the people's court hears a divorce case, whether the divorce is granted or not should be distinguished by whether the relationship between the husband and wife has indeed 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 party suffering from mental illness during the period of living together as husband and wife and not being cured for a long time.