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 and division of their property. In this event, if no court has ever given an order declaring the insane spouse incompetent, the said person shall request the court in the same case for an order declaring the insane spouse incompetent.

Finding appropriate, the said person may also request the court for an order according to section 1526 or section 1530.

In the event that the spouse claimed to be insane has not yet been adjudged incompetent, if the court finds that the spouse should not yet be adjudged incompetent, it shall dismiss the action. If the court finds that the spouse should be adjudged incompetent but the divorce should not yet be granted, it shall adjudge the spouse incompetent, in respect of which it may dispense with giving an order on custodianship or may appoint a different person as custodian according to section 1463, and dismiss only the request for divorce. In this event, the court may also grant alimony. In the event that the court finds it appropriate to adjudge the insane spouse incompetent and to grant the divorce as well, the court shall include in the judgment an order adjudging the spouse incompetent, appointing a custodian, and granting the divorce.

In this respect, if the court finds that the reason for divorce cited in the action does not fit the nature of the incompetent spouse,