Can a mentally ill person get a divorce

Yes.

You can divorce a mentally ill person, you can choose to divorce by agreement, or you can choose to sue for divorce. If conditions permit, they may sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. 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.

If you are no longer able to enter into a written agreement, you can sue for divorce in court.

According to Article 1076 of the Civil Code implemented in 2021, if the 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 1078 stipulates that if the marriage registration authority ascertains that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.

Legal Analysis: Yes. According to Chinese law, there are two legal ways to dissolve the marriage relationship: one is divorce by agreement; The second is to file a lawsuit for divorce with the people's court.

If one party is mentally ill and the other party wants a divorce, the following conditions must be met:

1. Whether it is a disease before or after marriage, it cannot be cured after a long time, and if the illness is short or can be cured, it does not meet the conditions for divorce.

2. Arrangements must be made for the life problems of the mentally ill spouse and cannot be left to fend for themselves.

Mentally ill persons can only sue for divorce. The husband and wife who are the subject of a divorce by mutual agreement must have full capacity for civil conduct. Secondly, both parties are required to be consensual.

If one party suffers from mental illness, it is difficult to negotiate voluntarily and rationally on an equal footing, and it is difficult to deal with the relevant disputes fairly, so in order to protect the rights and interests of the sick party, the only way to sue for divorce is to sue for divorce. The participation of a court-appointed guardian is the only way to ensure that their rights and interests are not violated.

Legal basis: "Several Specific Opinions of the Supreme People's Court on How the People's Court Determines that the Relationship between Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases" Article 3: 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 of the spouses suffers from mental illness during the period of living together and cannot be cured for a long time. In such cases, 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.

Legal Analysis: Divorce is possible for people with mental illness.

Legal basis: "Several 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" Article 3: 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 of the spouses suffers from mental illness during the period of living together and cannot be cured for a long time. In such cases, it is deemed that the relationship between the husband and wife has broken down. If one of the parties to the department insists on a divorce, and the mediation is invalid, the divorce may be granted in accordance with the law.

After the marriage, the spouse is found to be mentally ill and can request a divorce.

However, for mentally ill persons, who do not have full capacity for civil conduct, cannot divorce by agreement, and their spouses can sue the court for divorce.

If the court determines that his interests conflict with those of the mentally ill party, the court will take the initiative to appoint another guardian as his or her litigant.

If the court finds that one of the spouses is suffering from mental illness that has not been cured for a long time, resulting in the breakdown of the relationship between the husband and wife, the court will grant a divorce.

Legal basis] Article 1000 of the Civil Code contains 79 articles, 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.

Article 12 of the Marriage Registration Regulations stipulates that the marriage registration authority shall not accept the divorce if the parties to the divorce registration have any of the following circumstances:

1) Failure to reach a divorce agreement;

2) They are persons with no or limited capacity for civil conduct;

3) The marriage registration was not done in Chinese mainland.

Divorce is possible. There is no obligation under the law to protect the mentally ill or to annul marriage.

However, the judge will favor the weaker side in terms of maintenance and division of property.

Therefore, in the case of a divorce from a mentally ill person, it is necessary to make concessions in terms of financial simplicity and reach an understanding with his guardian or acquaintance.

Mentally ill people can be divorced. However, divorce can only be obtained through litigation. According to the relevant laws and regulations, if the party to the divorce registration is a person who lacks the capacity for civil conduct or has limited capacity for civil conduct, the marriage registration authority shall not accept the divorce request.

[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 is ineffective, the divorce shall be granted.

Article 12 of the Marriage Registration Regulations.

In any of the following circumstances, the marriage registration authority shall not accept the divorce registration of the parties to the divorce registration:

1) Failure to reach a divorce agreement;

2) Persons who are persons with no or limited capacity for civil conduct;

3) The marriage registration was not done in Chinese mainland.

Spouse is mentally ill and can get divorced. 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.

Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation.

[Legal basis].

Article 1079 of the Civil Code of the People's Republic of China 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.