回複：請問：不能和精神病人離婚的法律依據，有嗎？

在美國基本上沒有任何一州不容許配偶可以要求與另外一方解除婚約base on另外一方的精神有嚴重的不正常. 但是配偶不能因為以對方精神不正常為理由想藉由離婚來逃避照顧對方的責任. 這裡老貓以加州的相關法令為例子, 您可以了解相關的規定

FAMILY.CODE
SECTION 2310-2313





2310. Dissolution of the marriage or legal separation of the
parties may be based on either of the following grounds, which shall
be pleaded generally:
(a) Irreconcilable differences, which have caused the irremediable
breakdown of the marriage.
(b) Incurable insanity.



2311. Irreconcilable differences are those grounds which are
determined by the court to be substantial reasons for not continuing
the marriage and which make it appear that the marriage should be
dissolved.


2312. A marriage may be dissolved on the grounds of incurable
insanity only upon proof, including competent medical or psychiatric
testimony, that the insane spouse was at the time the petition was
filed, and remains, incurably insane.


2313. No dissolution of marriage granted on the ground of incurable
insanity relieves a spouse from any obligation imposed by law as a
result of the marriage for the support of the spouse who is incurably
insane, and the court may make such order for support, or require a
bond therefor, as the circumstances require.

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• Thanks so much! Lao-mao. I will transfer the info to friend -u2ben- ♀ (0 bytes) () 07/20/2007 postreply 13:15:24