Divorce is a term often heard in our life. When the relationship between husband and wife breaks down, it is also a good choice to choose divorce to start a new life for a better life in the future, but it needs to be carried out under the principle of voluntariness. However, the divorce case that Xiaobian wants to tell you today has certain particularity, because one of the husband and wife has a mental illness. How to deal with this situation is correct?
Article 3 of the specific opinions of the Supreme People's Court on how the people's court determines that the relationship between husband and wife has indeed been broken in the trial of divorce cases stipulates that: if the mental illness is concealed before marriage and cannot be cured after marriage, or the other party is married because he knows that the other party is suffering from mental illness before marriage, or one party is suffering from mental illness during the husband's and wife's common life and cannot be cured for a long time, the relationship between husband and wife shall be deemed to have been broken. If one party insists on divorce and the mediation is invalid, the divorce may be granted according to law.
According to the regulations, there are three situations in which the spouse suffers from mental illness: 1. He has suffered from mental illness before marriage and relapsed due to some stimulation after marriage; 2. Have not suffered from mental illness before marriage, and have suffered from mental illness due to some strong stimulation or trauma after marriage; 3. Suffering from mental illness after marriage because of mental illness inheritance.
In divorce cases, the legal reasons for whether to grant divorce and whether the relationship between husband and wife has indeed broken down. The legal basis is the provisions of Article 32 of the new law of the people's Republic of China: if one of the men and women requests divorce, the relevant departments can mediate or directly submit it to the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship is indeed broken and the mediation is invalid, divorce shall be granted. Therefore, if one spouse is a mental patient and the other brings a lawsuit to the court, whether the court decides to divorce depends on whether the relationship has indeed broken down.
In general divorce cases, divorce proceedings must be conducted by myself. However, due to the special circumstances of mental patients, they should be treated differently. If they are intermittent mental patients, they should file a lawsuit at the time when they are mentally normal. If they are mental patients with no litigation ability or limited behavioral ability, their parents, adult children and dependent brothers and sisters living together should file a lawsuit on their behalf.