What are the conditions for divorce of a mentally ill person, and what are the conditions required f

Legal analysis: The conditions for divorce from a mentally ill person are as follows: 1. For the particularity of a mentally ill person, if a lawsuit is filed for divorce in the court, the first step will be to examine whether the mentally ill spouse belongs to the onset of mental illness in the state of the divorce process; 2. The court's standard for hearing divorce cases is whether the relationship between the husband and wife has broken down

Article 1076 of the Civil Code of the People's Republic of China 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 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. 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.

If a person conceals his mental illness before marriage and does not heal it after marriage, or marries the other party because he knows that he or she is mentally ill before marriage, or if one party suffers from mental illness during the period of living together and cannot be cured for a long time, a divorce may be obtained through litigation. Mentally ill persons should distinguish between situations, and mentally ill persons who cannot fully recognize their own actions are persons with limited capacity for civil conduct, and if they are mentally normal, they should divorce from normal healthy persons. A mentally ill person who is unable to recognize his or her own actions is a person who lacks capacity for civil conduct.

For those who have no capacity for civil conduct and those with limited capacity, it is necessary to set up a lawsuit, which is generally made by parents or close relatives, and the husband and wife as the first guardian cannot be the first person in the divorce proceedings.

Legal basisArticle 3 of the Specific Opinions on How the People's Courts Determine in the Trial of Divorce Cases that the Relationship between the Husband and Wife Has Truly Broken Down.

Where a person conceals his mental illness before marriage and does not recover after marriage, or marries the other party knowing that he or she is mentally ill before marriage, or where 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 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) For the particularity of a mentally ill person, if a lawsuit is filed for divorce in court, the first step will be to examine whether the mentally ill spouse belongs to the stage of mental illness during the divorce process, and if the mentally ill person can express his or her will independently, this is the same as the divorce procedure for a normal person. If it is a person with no capacity for civil conduct during the onset of the disease, the court will appoint his parents or others as legal ** persons in accordance with the law, and his parents ** will participate in the lawsuit.

2) The court's criterion for hearing a divorce case is whether the relationship between the husband and wife has broken down, so as long as both parties meet the reasons for the breakdown of the relationship between the husband and wife, the court will grant the divorce in accordance with the law.

3) According to Article 3 of the Supreme People's Court's "Several Specific Opinions 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", it is deemed that the relationship between the husband and wife has truly broken down if the person with a spine conceals his mental illness before marriage and cannot be cured after marriage, or where the person with a backbone knows that the other party is mentally ill before marriage, or where one party suffers from mental illness during the period of living together with the husband and wife and cannot be cured for a long time. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

1. How much is the compensation for mental illness in divorce.

There is no specific amount of compensation for mental illness in divorce, and it needs to be analyzed on a case-by-case basis. The amount of compensation is related to comprehensive factors such as the length of life of the husband and wife, the economic status of the parties, and whether the relationship is at fault. If the mental illness is concealed before marriage and cannot be cured after marriage, or if the other party is mentally ill before marriage and marries him or her quietly, or if 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.

If one party insists on requesting a divorce, a judgment may be made to grant the divorce if mediation fails. Generally, in divorce proceedings, if one party is mentally ill, the other party should pay a certain amount of financial help or provide a certain amount of property.

2. What is the criterion for the breakdown of the relationship between husband and wife?

1. Bigamy or cohabitation with another person who has a spouse;

2. Committing domestic violence or abusing or abandoning family members;

3. Have gambling, drug abuse and other vices;

4. Separated for two years due to emotional discord;

5. Other circumstances that lead to the breakdown of the relationship between the husband and wife.

According to the provisions of the Supreme People's Court's "Several Specific Opinions on How the People's Court Determines that the Relationship between the Husband and Wife Has Broken Down in the Trial of Divorce Cases", to determine that the relationship between the husband and wife has indeed broken down, a comprehensive analysis shall be made from the basis of the marriage, the relationship after marriage, the reasons for the divorce, the current situation of the relationship between the husband and wife, and whether there is a possibility of reconciliation

One party suffers from a disease that legally prohibits marriage, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **;

Lack of understanding before marriage, hasty marriage, failure to establish a relationship between husband and wife after marriage, and difficulty in living together;

concealing mental illness before marriage and not curing it for a long time 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 curing it for a long time;

One party deceives the other party, or falsifies the marriage certificate during the marriage registration.

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. According to the relevant provisions of the Marriage Law and the practical experience of adjudication, it is deemed that the relationship between the husband and wife has indeed broken down. If one party resolutely requests a divorce, and the mediation fails, the divorce may be granted in accordance with the law.

Article 1: When a people's court hears a divorce case, whether or not a divorce is granted or not, the boundary of distinction shall be 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.

Article 1 of the Supreme People's Court's Several Specific Opinions 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.

1. How to divorce a mentally ill person with a slag pei, how to handle a divorce for a mentally ill person 1. A mentally ill person who has no civil behavior or has limited civil capacity for a divorce lawsuit needs to set up a litigator for him, and if a guardian has been set, the guardian shall be sued by the guardian of Ruxunwei, and if there is no guardian, the guardian shall be appointed in accordance with the Civil Code of the People's Republic of China.

The conditions for psychiatric divorce are: if La Youguo suffers from mental illness after marriage, the divorce should be filed by suing the husband and wife, and if the sick party conceals it before the marriage, the other party can apply to the court to annul the marriage, and the invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife.

Article 1053 of the Civil Code.

If one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.

A request for annulment of marriage shall be made within one year from the date on which the reason for revocation is known or should have been known.

Article 1054.

An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

The provisions of this Law on parents and children shall apply to children born to the parties.

If the marriage is invalid or annulled, the innocent party has the right to claim damages.

Try it according to your own method, you can change it according to your previous method and find out if it is still your own method, and then make a summary.