What are the legal provisions for divorce from a mentally ill person

There are several specific circumstances for divorce from a mentally ill person: 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 handle 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 shall go to the Civil Affairs Bureau to handle the agreement, or the court shall decide the divorce, 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.

Legal basis

Article 1079 of the Civil Code provides 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. 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.

(1) For the particularity of a mentally ill person, if a lawsuit is filed for divorce with the court, the first thing will be to examine whether the mentally ill spouse belongs to the mentally ill period 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 of 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 Courts Determine that the Relationship between the Husband and Wife Has Truly Broken Down 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 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 shall be 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 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" stipulates that if the person conceals his mental illness before marriage and does not heal it 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 and does not heal for a long time, it shall be deemed that the relationship between the husband and wife has indeed broken down.