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Whether the spouse suffers from mental illness can divorce

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Whether the spouse suffers from mental illness can divorce


        

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  • 2024-06-19 05:00:56

    Can divorce with mental patients. According to Article 3 of the Supreme People's Court's "Several Specific Opinions on How People's Courts Decide That the Couple's Relationship Has Really Broken", it is deemed that the couple's relationship has really broken if they conceal mental illness before marriage and cannot recover after marriage, or if they know the other party has mental illness before marriage and marry him, or if one party has mental illness during the couple's life together and cannot recover after a long time of treatment, it is deemed that the couple's relationship has really broken. If one party insists on divorce and the mediation fails, the divorce can be granted according to the law.
    The spouse suffers from mental illness in three cases:
    1. Suffered from mental illness before marriage, and relapsed after marriage due to certain stimulation;
    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 psychosis after marriage due to inheritance of psychosis.

    Legal basis:

    Article 3 of Several Specific Opinions on How the People's Court Confirms that the Couple's Feelings Have Really Broken in the Trial of Divorce Cases

    If a person conceals mental illness before marriage and cannot recover after marriage, or knows that the other party is suffering from mental illness before marriage and marries him, or one party suffers from mental illness during the life of the husband and wife and cannot recover after a long time of treatment, it shall be deemed that the relationship between husband and wife has really broken. If one party insists on divorce and the mediation fails, the divorce can be granted according to the law.

    One***

    2024-06-19 05:00:56

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