How to divorce if your husband is mentally ill

Legal analysis: If the man is indeed unable to judge and control his behavior due to mental illness, the woman can first apply to the people's court to declare the man incapacitated for civil conduct, and then request the court to appoint the man's parents or adult children as the man's guardian, and then file a divorce lawsuit, so that the court will notify the guardian as the man's legal ** person to participate in the divorce on behalf of the man, so as to complete 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.

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.

If a divorce is possible, the court will file a lawsuit for divorce, and the court will consider whether to grant the divorce based on the marital status of the two persons. It's just that you may be criticized by outsiders on a moral level, but life is your own, since you have thought about divorce, go to the court to sue!

How to divorce if your husband is mentally ill If your husband is mentally ill, then if you want to divorce, you have to sue if people want you to divorce.

This should be very difficult, after all, he has some flaws, and you still have to get a divorce, which the law should not allow.

How mentally ill are you? Divorce because my husband is mentally ill, the court does not allow divorce.

After marriage, if the spouse is mentally ill, the other party may request a divorce. But in the end, it is still necessary to meet the legal conditions for divorce 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.

1. If you are an intermittent mentally ill person who can identify your own capacity, both parties can go to the Civil Affairs Bureau to apply for a divorce by agreement, or divorce through a court judgment.

2. If it is a mentally ill person who is completely unable to recognize his or her own capacity, it is necessary to change the guardian first, and apply to the court of the mentally ill person's place of residence for a change of guardianship, and may designate his parents, siblings, or the Tsai Xiang Residence (Village) Committee or unit with guardianship capacity as guardians.

3. After the guardian is changed, the guardian shall go to the Civil Affairs Bureau to handle the agreement, or the divorce shall be decided by the court, and the guardian shall be present when the divorce procedures are handled or the court shall be present, and the relevant civil activities of the mentally ill shall be carried out.

I think that the other party has a serious mental illness and did not inform the other party, which is a deliberate act of cheating on marriage, and I can defend my rights through legal means and ask for compensation. Even if one party is mentally ill, but the other party wants to divorce, the following conditions must be met:

Whether it is a disease before or after marriage, it cannot be cured after a long time, and if the illness is short or can be cured, it is not eligible for divorce.

In real life, after one party suffers from mental illness, it creates an objective obstacle to the marriage of both parties, so that the purpose of the marriage cannot be realized or the function is lost, if the other party is not allowed to divorce, it is a torture for the other party, it is unfair, and inhumane, so after one party suffers from Zheng Shenzhi's mental illness, the other party can ask for a divorce after making arrangements for his life, which is also reasonable and legal, and there is no ideological pressure, and it will not bear the name of infidelity and injustice.

Because the mentally ill person can no longer be the same as a normal person, there are often flaws in expressing his wishes, so if he divorces by agreement, it is impossible to accurately judge whether he has made a true expression of will, so in such a case, he cannot divorce the blind mentally ill.

In order to dissolve the marriage, the party who is not sick can only file a divorce lawsuit with the court in accordance with the law, and then the mentally ill person will appear in court to participate in the lawsuit on behalf of his legal **!

Interactions between people, especially in the face of marital events, must be completely transparent and open, give each other enough transparency, and cannot deliberately conceal the behavior, otherwise if there is a dispute, it will be a harm to both parties.

Article 3 of the "Several Specific Opinions of the Supreme People's Court 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" stipulates that "a person who 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 and cannot be cured for a long time." In such cases, it is deemed that the relationship between the 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 17 of the Marriage Law The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.