How can you divorce from a psychopath, how to divorce a psychopath

Legal analysis: Since a mentally ill person is an incapacitated person or a person with limited capacity, and the spouse is his or her legal guardian, in order to ensure the smooth progress of the divorce proceedings, one party must first request the people's court to change the guardian of the mentally ill person before filing a divorce lawsuit, and only after the new guardian is determined can the new guardian ** the mentally ill person participate in the divorce proceedings.

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.

It is better to divorce by agreement so that it is more convenient to negotiate with yourself or your parents! It's really not okay to sue for divorce! The court should accept it, but she is a person with no capacity for civil conduct at the time of her illness and needs to appoint a guardian.

What are the procedures for divorce for mentally ill people?

According to the provisions of Chinese law on divorce of mentally ill persons: if a mentally ill person conceals his mental illness before marriage and cannot be cured after marriage, or marries the other party knowing that the other party is mentally ill before marriage, or one party suffers from mental illness during the period of living together with the husband and wife and cannot be cured 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.

In the case of divorce by mentally ill persons, the following circumstances should be taken into account:

1.How to identify a mentally ill person in a divorce of a mentally ill person?

Mentally ill persons should distinguish between situations, and mentally ill persons who cannot fully recognize their own actions are persons with limited capacity for civil conduct, and if they are mentally normal, divorce should be the same as that of a normal and healthy person. In this regard, the people's courts will generally entrust a judicial psychiatric evaluation institution to conduct an evaluation.

2.What are the ways for a mentally ill person to get divorced?

When a mentally ill person goes through a divorce, he or she can apply to the relevant departments for mediation or directly go to the court to sue for divorce, and in the case of divorce, it is usually necessary to go to the court where the party (i.e. the defendant) is filed for divorce to hear the divorce case.

In a general divorce case, the divorce proceedings must be conducted in person. However, due to the special circumstances of a mentally ill person, the divorce case of a mentally ill person shall be treated differently, and in the case of intermittent mental illness, the litigation shall be conducted during the time when the mentally ill person is mentally normal, and if the mentally ill person is incapable of litigation or has limited capacity, the parents, adult children, and dependent siblings of the parties living together in the divorce case of the mentally ill person shall litigate on their behalf.

At the same time, China's laws stipulate that when a mentally ill person goes through a divorce, if he cannot prove that he concealed his illness before marriage, but became ill after marriage, or if one of the parties falls ill during the marriage, the other party may demand alimony or certain economic compensation.

How to divorce an intermittent psycho patient.

In the case of a lawsuit involving an identity relationship, the divorced parties must indicate whether they are willing to divorce, and the litigants have no right to express their opinion of whether they are separated or not, and the divorced parties who suffer from mental illness have no capacity for litigation, so such cases should be closed by the people's court in the form of a judgment. Where the litigants negotiate with the other party and reach an agreement, the people's court should review whether the content of the agreement protects the interests of the mentally ill person to the greatest extent and prevents the interests of the mentally ill person from being infringed upon, and draft a judgment based on the content of their agreement, and conclude the case in the form of a judgment.

Hehe, don't get married, if you get sick, how can you get divorced.

Horror, the hospital certificate can leave.

Heal him and then divorce.