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Anonymous users2024-02-13Legal analysis: If the spouse suffers from mental illness and wants to divorce, if it is an intermittent mental patient, he can sue for divorce when he is mentally normal, otherwise if the mentally ill person sues for divorce, he needs to change his guardian first, and then file for divorce with the people's court through his guardian. Legal basis:
Civil Code of the People's Republic of China Article 1079 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.
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Anonymous users2024-02-12According to the Civil Code of the People's Republic of China, if a person with intermittent mental illness is mentally ill, he or she can sue for divorce when he or she is mentally normal, otherwise if a mentally ill person sues for divorce, he or she needs to change his guardian first, and then file a lawsuit for divorce with the people's court through his guardian.
Legal basis:Article 22 of the Civil Code of the People's Republic of China.
Cheng Bu Shirt who is unable to fully recognize his own conduct is a person with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by his legal ** person ** or with the consent and recognition of his legal ** person; However, they may independently carry out civil juristic acts that are purely profitable, or civil juristic acts that are appropriate to their intellectual and mental health conditions.
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Anonymous users2024-02-11Legal Analysis: The spouse is mentally ill and wants to sue for divorce. The specific procedure is as follows:
The legal ** person of the party shall submit a divorce lawsuit to the people's court and attach relevant evidence. The people's courts review the prosecution materials, and where the requirements are met, decide to accept them. After the people's court accepts the case in accordance with law, it conducts mediation, trial, judgment, and enforcement in accordance with law.
Legal basis:Article 1079 of the Civil Code of the People's Republic of China.
Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.
When hearing divorce cases, people's courts shall conduct a blind settlement;
If the relationship has indeed broken down and the mediation fails, the divorce shall be granted.
Article 12 of the Marriage Registration Regulations.
In any of the following circumstances, the marriage registration authority shall not accept the divorce registration of the parties to the divorce registration:
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.
Legal Analysis: A person who is mentally ill after marriage can claim divorce, because a mentally ill person also has the freedom to marry. A mentally ill person cannot be divorced by agreement, but can only be divorced by litigation. >>>More
Usually, the husband and wife can divorce by agreement, and when the parties cannot reach an agreement, they can also sue the court for divorce. >>>More
Hello! My girlfriend has recently been mentally ill, and despite all her efforts, she still hasn't improved significantly, and as a victim's closest person, I feel deeply guilty that I didn't take good care of her and neglected some of the previous callings, so now I'm going to tell everyone who needs common sense in this area to pay attention to the first calling. lest the same misfortune befall you! >>>More
Legal analysis: If the spouse suffers from mental illness and wants to divorce, if it is an intermittent mental patient, he can sue for divorce when he is mentally normal, otherwise if the mentally ill person sues for divorce, he needs to change his guardian first, and then file for divorce with the people's court through his guardian. Legal basis: >>>More
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. >>>More