Can I divorce my wife if I find out that I am mentally ill after I get married

Updated on society 2024-07-27
4 answers
  1. Anonymous users2024-02-13

    Legal Analysis: Yes. If one party suffers from mental illness during the period of living together and cannot be cured for a long time, and the other party insists on requesting a divorce, the divorce may be granted by a judgment in accordance with the law if mediation fails.

    Where a person conceals his mental illness before marriage and does not recover after marriage, or marries the other party before marriage knowing that the other party is mentally ill, or 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 the husband and wife has broken down.

    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.

  2. Anonymous users2024-02-12

    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.

  3. Anonymous users2024-02-11

    Divorce is possible. If one party suffers from mental illness during the period of living together and cannot be cured for a long time, and the other party insists on requesting a divorce, the divorce may be granted in accordance with the law after the mediation is ineffective. Legal basis:

    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 Truly Broken Down in the Trial of Divorce Cases The people's court hearing a divorce case shall use whether the relationship between the husband and wife has truly broken down as the distinguishing boundary. 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 and the practical experience of adjudication, in any of the following circumstances, 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. 1. One party suffers from a disease that is legally prohibited from marriage, or one party has a physical defect or other reasons that prevent sexual intercourse, and it is difficult to **. 2. Lack of understanding before the marriage judgment, hasty marriage, and failure to establish a relationship between husband and wife after marriage, making it difficult to live together.

    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 parties suffering from mental illness while living with his or her husband and wife, which cannot be cured for a long time.

  4. Anonymous users2024-02-10

    Divorce is possible. The specific circumstances are as follows: 1. When an intermittent mentally ill person is mentally normal, if both parties voluntarily divorce and reach an agreement on the division of property and the issue of child support, they may jointly go to the marriage registration authority in the place where one of the parties has a permanent residence to go through the divorce registration; 2. If the above circumstances are not met, the party who wants to divorce may file a lawsuit with the court where the other party is located.

    The court will grant the divorce if it confirms that the relationship between the husband and wife has broken down and the mediation has failed. Article 1076 of the Civil Code Where a 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 should be changed to a simplified state to state the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.

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