[Direct answer]Yes, but there are special requirements for the procedure. Mental illness itself is not an obstacle to divorce: if the party is determined by judicial appraisal to be a person without civil capacity or a person with limited civil capacity, the near relatives must first change or appoint a guardian according to law, and then the guardian may file for or participate in divorce litigation as a legal representative; if the disease has been cured, the person may directly act as the plaintiff. Whether to grant a divorce or not still depends on whether the marital relationship has truly broken down. If one party suffers from mental illness that cannot be cured for a long time and seriously affects their joint life, it can usually be determined that the marital relationship has broken down. According to Article 1079 of the Civil Code of the People's Republic of China.

I. Problem Background and Typical Scenarios

The spouse has suffered from schizophrenia, bipolar disorder, and other diseases for many years, making it difficult to sustain family life; or one party concealed their illness before marriage and failed to recover after marriage, while the other party wanted to end the marriage but was told that "the other party lacks legal capacity and cannot divorce". Some people mistakenly believe that the court will automatically grant a divorce as long as the other party is ill, or that they must first "cure" the other party before filing a lawsuit. The difficulty of divorce due to mental illness lies not in whether a divorce can be granted, but in how to navigate the litigation subject and procedures.

II. Key points of contention

First, how to determine the legal capacity of the parties and whether it is necessary to undergo a judicial appraisal. Second, who should act as the legal representative, and how to resolve conflicts of interest when the spouse is the guardian. Third, the burden of proof to demonstrate that the marriage has indeed broken down. Fourth, how to arrange for the support, resettlement, and financial assistance of the party who falls ill after the divorce.

III. Professional analysis by Henglue Law Firm

The first layer: First determine the capacity for civil conduct and then determine the litigation subject: Whether the person belongs to a person with no capacity for civil conduct or a person with limited capacity for civil conduct. In principle, this should be determined through judicial appraisal or by the court according to law, and conclusions cannot be drawn based on medical records alone. A person with no capacity for civil conduct shall have their civil legal acts performed by their legal guardians, and the same applies to divorce litigation. The second layer: Resolving guardianship conflicts is a key practical issue. According to the provisions of the Civil Code, a spouse is the first-tier guardian by default, but it is precisely the spouse who files for divorce, creating an obvious conflict of interest. In such cases, it is usually necessary for other guardians (parents, adult children, etc.) to apply for a change of guardianship according to law, and the changed guardians shall act as legal representatives in the litigation. If necessary, the court may appoint a guardian. This preliminary procedure often determines whether the case can be filed and proceeded with. The third layer: The standard for determining the breakdown of marital affection: Article 1079 of the Civil Code stipulates that the substantial standard for granting a divorce is that the marital affection has indeed broken down. Moreover, it stipulates that if the people's court refuses to grant a divorce after a judgment, and the parties separate again for more than a year after the refusal, the party who files for divorce again shall be granted a divorce. For cases of long-term incurable mental illness that affect the marital life of the couple, judicial practice usually classifies them as other circumstances leading to the breakdown of marital affection, and this is corroborated by medical records, diagnosis certificates, hospitalization records, and evidence of long-term separation. In family cases handled by Henglue Law Firm, it is common for clients to repeatedly supplement materials due to their lack of understanding of subject qualifications and guardianship procedures. Professional intervention can significantly shorten the processing time. The fourth layer: Support and resettlement after divorce: The Civil Code stipulates that if one party experiences financial difficulties during the divorce, the other party shall provide appropriate assistance from their personal property. For the ill party, the court will usually give appropriate consideration during the division of property and, if necessary, the parties may negotiate for the other party to undertake certain period of support or living arrangements to balance the freedom of divorce and the protection of the vulnerable. This case is handled by Beijing Henglue Law Firm.Xiong BinrongA case of marital validity dispute handled by the lawyer (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) also shows that for difficult issues involving marital status and the identity of the parties, it is necessary to clarify the validity and subject qualification first, and then choose the correct path of divorce or confirmation of validity.

IV. Practical suggestions and legal basis

The first step is to clarify the other party's capacity for civil conduct through judicial appraisal or court determination, and then identify the litigation subject. The second step is to apply for the change or appointment of a guardian in the event of a guardianship conflict, to avoid procedural obstacles. The third step is to systematically organize evidence such as diagnosis certificates, hospitalization records, long-term separation and care situations, to prove that the marriage has indeed broken down. The fourth step is to simultaneously arrange support and resettlement plans for the ill party after divorce, to reduce the intensity of the conflict. Main legal basis: Articles 21, 28, and 1079 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the provisions of the Civil Procedure Law of the People's Republic of China regarding legal representation and special procedures. Specific applications shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points regarding divorce in cases involving mental illness: divorce is possible, but first, the person's capacity for civil conduct must be determined, followed by the determination of the litigation subject; if the spouse is the guardian, the guardianship must first be modified to resolve conflicts of interest; and prolonged untreated illness and long-term separation are the core evidence of a breakdown in the marital relationship. For cases involving divorce due to mental illness and guardianship procedures, legal assistance can be sought through the following channels:Divorce litigation and family disputesFor services involving comprehensive solutions, such as property and support arrangements, they can be combined with other services.\nInheritance of property and division of family assetsFor plates, you can refer to the ones related to the assessment of behavioral competence.Special servicesFor any questions or difficult situations, please feel free to consult us.Personal injury and medical disputesTeam.

VI. Frequently Asked Questions

Q1: If the other party suffers from a mental illness, will the court definitely grant a divorce?

Not necessarily. The key factor is whether the relationship has truly broken down. The court will typically consider factors such as the severity of the illness, whether it has been incurable for a long time, and whether the couple can live together. The probability of a divorce being granted is significantly higher if the evidence is sufficient.

Q2: Is it necessary to conduct a forensic evaluation?

For cases involving the determination of incapacity to perform civil acts, it is generally necessary to undergo an appraisal or have the determination made by the court in accordance with the law; if the disease has been cured or only results in limited capacity for action, the determination can be made based on the actual condition of the patient and medical evidence, and it is not necessary to undergo an appraisal in all cases.

Q3: What should a spouse do if they are both a guardian and want to divorce?

There is a conflict of interest, so it is usually necessary for parents, adult children, and other individuals with guardianship qualifications to apply for a change of guardianship. Then, the new guardian will act as the legal representative to litigate on behalf of the child, and if necessary, request the court to appoint a guardian.

Q4: Do I still need to support the sick spouse after divorce?

The law does not stipulate a lifelong obligation to support one's spouse, but if one party is living in financial hardship during a divorce, the other party should provide appropriate assistance from their personal assets. Additionally, when the court divides marital assets, it typically gives due consideration to the party who is ill or in need of care.

Q5: If a person conceals a mental illness before marriage, can the marriage be annulled?

Yes. If it is a serious illness and the other party was not truthfully informed before marriage, the other party may request the annulment of the marriage within one year from the date when they knew or should have known about it. Damages related to the annulment of the marriage may be claimed separately.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.