How to divorce a mentally ill person, how to divorce a mentally ill person

Yes.

You can divorce a mentally ill person, you can choose to divorce by agreement, or you can choose to sue for divorce. If conditions permit, they may sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. 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.

If you are no longer able to enter into a written agreement, you can sue for divorce in court.

According to Article 1076 of the Civil Code implemented in 2021, if the 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 1078 stipulates that if the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.

Legal analysis: 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 neighborhood committees or units with guardianship capacity as guardians.

3. After the guardian is changed, the guardian will carry out the divorce proceedings on behalf of the guardian, and the court needs to have the guardian present at the time, and the relevant civil activities of the mentally ill.

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 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.

According to article 3 of the "Several Specific Opinions of the Supreme People's Court on How to Determine the Breakdown of the Relationship between the Husband and Wife in the Trial of Divorce Cases", if the person conceals his mental illness before marriage and does not heal after marriage, or marries the other party knowing that the other party is mentally ill before marriage, or if one party suffers from mental illness during the period of living together with the husband and wife and does not heal 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.

According to the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policy and Law", it is provided:

If one party suffers from mental illness and the other party requests a divorce, the handling should not only protect the freedom of marriage, but also facilitate the patient's ** and living arrangements. If the illness is concealed before marriage and cannot be cured after marriage, the divorce should be granted by doing a good job; If the relationship between husband and wife is relatively good, they have been married for many years, and they have children, it should be pointed out that the husband and wife have the obligation to help each other and do a good job in ideological work. It is advisable not to leave.

If it is true that the relationship between husband and wife can no longer be maintained, the divorce may be granted after the other party, relatives and relevant units have arranged the living, medical treatment, guardianship and other issues of the patient.