The husband can divorce if he has schizophrenia, and one party in the marriage can divorce if he has schizophrenia through the following ways
1、 When registering for divorce, the husband and wife can go to the marriage registration office to register for divorce upon consensus. The consensual contents should be reflected in the divorce agreement, including but not limited to the following contents: declaration of divorce intention, ownership of custody, payment of alimony, property division, etc.
2、 For divorce in litigation, the husband and wife cannot reach an agreement through consultation. They can only go to the court to sue for divorce. The court will decide whether to grant divorce, and will also decide the ownership of custody, payment of maintenance fees, property division and other issues. Schizophrenia is a substantive provision of "feelings have really broken" and a legal condition for granting divorce. If no settlement can be reached through consultation, divorce may be initiated and granted by the court.
According to the relevant provisions of the Marriage Law and the experience of trial practice, in any of the following circumstances, it is deemed that the relationship between husband and wife has indeed broken.
1. One party suffers from a legally prohibited marriage disease, or one party has a physiological defect, or cannot have sexual behavior for other reasons, and is difficult to cure.
2. Lack of understanding before marriage, hasty marriage, and failure to establish marital relationship after marriage, making it difficult to live together.
3. Those who conceal mental illness before marriage and cannot recover after marriage, or marry the other party because they know that the other party is suffering from mental illness before marriage, or one party suffers from mental illness during the life of the husband and wife and cannot recover after a long time of treatment.
4. One party deceives the other party, or fraudulently obtains the Marriage Certificate during marriage registration.
5. Both parties do not live together and have no possibility of reconciliation after marriage registration.
6. Arranging, buying and selling a marriage, or one party immediately applies for divorce after marriage, or though they have lived together for many years, they have not really established the relationship between husband and wife.
7. Having lived apart for two years due to emotional discord, there is really no possibility of reconciliation, or having lived apart for one year after the people's court has ruled against divorce, they do not perform their obligations as husband and wife.
8. If one party commits adultery or cohabits with others, but still shows no repentance after education, and the party without fault files a lawsuit for divorce, or the party with fault files a lawsuit for divorce, but the other party does not agree to divorce, and after criticism, education, punishment, or the people's court decides not to divorce, the party with fault files a lawsuit for divorce again, there is no possibility of reconciliation.
9. One party remarries and the other party applies for divorce.
10. One party likes to relax but hates to work, has bad habits such as drug taking and gambling, fails to fulfill family obligations, refuses to correct after repeated education, and it is difficult for the husband and wife to live together.
11. One party is sentenced to long-term imprisonment according to law, or his illegal or criminal behavior seriously harms the couple's feelings.
12. If one party's whereabouts are unknown for two years, the other party files a lawsuit for divorce, and it is confirmed by public announcement that there is no whereabouts.
13. The other party does not understand the ill treatment and abandonment of the other party, or the ill treatment of the other party's relatives, or the ill treatment of the other party's relatives, and does not change after education.
14. One party commits domestic violence.
15. The relationship between husband and wife has really broken down due to other reasons.
