Can a man be divorced if he is mentally ill, and can a man be divorced if he is mentally ill

Having a mental illness can get a divorce. However, since a mentally ill person is a person with no capacity for civil conduct, divorce can only be carried out through litigation divorce. The other party sues the court for divorce, and the ** person of the mentally ill person appears in court instead of the mentally ill person.

[Legal basis].

Article 1079 of the Civil Code.

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.

Men are mentally ill and can get divorced. If the other party is mentally ill and causes him to be a person with no or limited capacity for civil conduct, he must first go through a special procedure to determine that the other party is a person with no capacity for civil conduct or a person with limited capacity for civil debts, and then negotiate or sue with the other party. If the relationship between husband and wife can no longer be maintained due to mental illness and it is proved 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 for the patient's life, medical treatment, guardianship and other issues.

[Legal basis].Article 3 of the Supreme People's Court's Specific Opinions on How to Determine that the Relationship between Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases.

Where Zheng Fu conceals his mental illness before marriage and cannot be cured after marriage, or marries him or her because he knows that the other party is mentally ill before marriage, or where one party suffers from a mental illness during the period of living together as a 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.

OK. 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 divorce, and the Sakura Zen manuscript is invalid after mediation, and the divorce can be granted in accordance with the law. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party before marriage knowing that the other party is mentally ill, 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.

According to the relevant provisions of the Marriage Law and the experience of filial piety in trial practice, it is deemed that the relationship between 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 3: Where the Supreme People's Court conceals 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 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 broken down. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.