Specific conditions for divorce from mental illness, what are the conditions for divorce from mental

Legal Analysis: Conditions that need to be met for divorce with mental illness:

1. Both parties have gone through the marriage registration procedures;

2. The person suing for divorce must be a party to the marriage relationship;

3. If the husband sues, the woman does not file a lawsuit during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or where the people's court finds it truly necessary to accept the husband's request for divorce.

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 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.

Legal analysis: If the other party conceals his mental illness before marriage and cannot be cured after marriage, or he knows that the other party is mentally ill before marriage and marries him, or one party suffers from mental illness during the spring inspection of the husband and wife living together and cannot be cured for a long time, he or she can divorce by litigation.

Legal basis: Article 1053 of the Civil Code of the People's Republic of China If one party suffers from a serious illness, the other party shall be truthfully informed before the registration of the marriage; 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 a marriage shall be made within one year from the date on which the reasons for the revocation are known or should have been known.

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.

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.