Can a woman divorce if she is mentally ill, and can a woman divorce if she is mentally ill

If the woman is mentally ill, the man can go to court to file a divorce lawsuit. If the husband initiates a divorce lawsuit, he shall bring the following materials, his ID card, household register, marriage certificate, complaint, and evidence proving the breakdown of the relationship between the husband and wife.

[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.

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.

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.

Summary. Hello dear<>

<> the woman is mentally ill and can divorce legal analysis: 1. The woman can be divorced if she is mentally ill. 2. However, if the woman suffers from mental illness, she can only divorce through litigation.

Because the spouse is the guardian of a mentally ill person, the guardian should be changed before the divorce is filed. 3. The party who wants to divorce can bring his ID card, household registration book, marriage certificate and complaint and copy to the court where the defendant is domiciled to file a divorce lawsuit.

Can a woman be divorced if she is mentally ill.

Hello dear<>

<> the woman has mental illness and can divorce legal analysis: 1. Zhenhong's woman can be divorced if she is mentally ill. 2. However, if the woman suffers from mental illness, she can only divorce through litigation.

Because the spouse is the guardian of a mentally ill person, the guardian should be changed before the divorce is filed. 3. The party who wants to divorce can bring his ID card, household registration book, marriage certificate, complaint and copy of the royal shirt book to the court where the defendant is domiciled to file a divorce lawsuit.

Legal basis: Article 65 of the Civil Procedure Law of the People's Republic of China provides that if there is a litigant in a divorce case, in addition to the person who cannot express his intentions, he or she should still appear in court and is indeed unable to appear in court due to special circumstances, he must submit a written opinion to the people's court. 1. Where a person conceals that he is mentally ill before marriage and cannot be cured after marriage, or marries the other party knowing that the other party is mentally ill before marriage, or where one party suffers from mental illness during the period of living together and does not heal for a long time, it is deemed that the relationship between the husband and wife has indeed broken down; 2. If one party insists on requesting a divorce, and the mediation is ineffective, the divorce may be granted in accordance with the law;

Tell us about the specifics.

This can help you get divorced.

I am mentally ill, can the other party divorce E?

You're a woman, aren't you?

Well. Is your mental illness serious?

The other party can divorce you, but he can only sue for you.

Generally, I have been taking medicine for two years.

How long have you been married.

It's been almost thirty years. Has been married for so long, is the man going to divorce because of this?

Do you want to get a divorce.

Don't want me to help you.

It's not me because of my disease, it's because I got it later.

I know, after all, it's been 30 years of relationship, and you don't want to leave.

Right. Don't want to leave I can help you.

Yes, but in this case, the divorce can only be filed for divorce, and the man who wants to divorce can sue the court for divorce, and if the woman files a lawsuit, his legal guardian can file the divorce on his behalf.

According to Article 3 of the Supreme People's Court's "Several Specific Opinions on How the People's Courts Determine that the Relationship between Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases", if a person conceals his mental illness before marriage and does not recover 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 it 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.

Can a woman divorce if she is mentally ill after marriage?

OK. If one of the spouses sues for divorce because one of the spouses is mentally ill, and one party resolutely requests a divorce, and it is proved that the relationship between the husband and wife has indeed broken down, and mediation is ineffective, the people's court may make a judgment to grant the divorce.

Several Specific Opinions 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

When a people's court hears a divorce case, whether or not a divorce is granted or not, the distinction shall be based on whether the relationship between the husband and wife has truly broken down. 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 of the Civil Code 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 prohibits marriage by law, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to have sex.

2. Lack of understanding before marriage, hasty marriage, failure to establish husband and wife feelings after marriage, and difficulty in living 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 party suffering from mental illness during the period of living together as husband and wife that cannot be cured for a long time.

Can a woman get a divorce if she is mentally ill.

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.

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 party suffering from mental illness during the period of living together as husband and wife and not being cured for a long time. Based on the relevant provisions and the practical experience of the trial, 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.

Article 1 of the 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.

When a people's court hears a divorce case, whether or not a divorce is granted or not, the distinction shall be based on whether the relationship between the husband and wife has truly broken down. 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.

[Legal basis].

After marriage, if the spouse is mentally ill, the other spouse 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 it is an intermittent mentally ill person who can identify his or her 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 for a change of guardianship at the court of the mentally ill person's place of residence, and may designate his parents, siblings, or neighborhood (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.