Depending on the specific situation, if the patient is an intermittent mental patient, he or she can apply for divorce if his or her mental state is normal. If the patient is a mental patient without civil capacity, his or her guardian needs to apply for divorce on his or her behalf. At the same time, the husband can also file a divorce lawsuit.
 Article 1079 of the Civil Code, if one of the husband and wife requests divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
 When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.
 Divorce shall be granted if mediation fails in any of the following circumstances:
 （1） Bigamy or cohabitation with others;
 （2） Domestic violence or maltreatment or desertion of family members;
 （3） Gambling, drug abuse and other bad habits persist in teaching;
 （4） Two years of separation due to emotional discord;
 （5） Other situations that lead to the breakdown of the relationship between husband and wife.
 Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.