Legal issues when one party suffers from depression in a marriage: If one party suffers from depression in a marriage, the other party can marry or divorce the other party. 1. Marriage issues when one party suffers from depression: The Marriage Law only has prohibitive provisions on the conditions for marriage, and there are no provisions on depression. Both parties can get married as long as they are willing, meet the legal age, are not direct blood relatives or collateral blood relatives within three generations, and do not suffer from diseases that are medically considered inappropriate for marriage. 2. In marriage
Article 1046 of the "People's Republic of China and Civil Code" stipulates: Marriage must be completely voluntary for both men and women. It is prohibited for either party to force the other party and any organization is prohibited. or personal interference.
Article 1047 of the "People's Republic of China and Civil Code" stipulates: The age of marriage shall not be earlier than twenty-two for men and twenty-two for women.
Article 1048 of the "People's Republic of China and Civil Code" stipulates that marriage is prohibited for direct blood relatives or collateral blood relatives within three generations.
Article 1079 of the "People's Republic of China and Civil Code" stipulates: If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.
When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) Domestic violence committed Or abuse or abandon family members;
(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;
(4) Separated for more than two years due to emotional discord;
(5) Other situations that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.
Article 329 of the "Interpretation of the Supreme People's Court on Applicability" stipulates: In a case where the first-instance judgment does not allow divorce, after appeal, the second-instance people's court believes that divorce should be decreed, according to the parties concerned Based on the principle of voluntariness, the case shall be mediated together with child support and property issues; if mediation fails, the case shall be remanded for retrial.
Article 1082 of the "People's Republic of China and Civil Code" stipulates that the man shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy; However, this is excepted if the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce. The man may not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of the pregnancy. This does not apply if the woman files for divorce, or if the people's court deems it necessary to accept the man's request for divorce.