In divorce proceedings, if one party is a mentally ill person, and the court divides the divorce property according to law, or if the mentally ill person, as the divorce party, has difficulties in living, the other party should give appropriate financial assistance, and whether the mentally ill person, as a special party, can receive some care and care from the other party after divorce. Divorce means the disintegration of a family, and also means that complex issues such as child rearing and property division need to be solved. When one spouse unfortunately suffers from mental illness and needs to divorce, the law should not only consider the freedom of divorce of the mentally ill spouse, but also consider the protection of the legitimate rights and interests of the mentally ill. Therefore, the law has made many balanced provisions. First of all, it is impossible for a mentally ill person to apply for divorce by agreement. Agreed divorce, also known as voluntary divorce, refers to the dissolution of a marriage relationship when both parties reach an agreement. Divorce by agreement requires that both the husband and wife are persons with full civil capacity, and there are no cases of deception, coercion, etc., so the divorce agreement reached can be effective and the procedures for divorce by agreement can be handled. If one party suffers from serious mental illness, it should be a person without civil capacity or with limited civil capacity. It lacks the elements for reaching a valid divorce agreement, so it cannot handle the divorce by agreement. It is actually a protection of the interests of the mentally ill to not allow the mentally ill to go through divorce by agreement, so as to prevent the mentally ill spouse from taking advantage of the disease of the mentally ill to achieve his own hidden goal. Secondly, according to the interpretation of the Marriage Law
 （3） According to the relevant provisions of, if one of the mentally ill spouse has maltreatment, abandonment and other behaviors that seriously damage the personal rights or property rights of the mentally ill, other persons with guardianship qualifications can change the guardianship relationship according to special procedures; The people's court shall accept the divorce proceedings brought by the changed guardian on behalf of the mentally ill. This article was made mainly to solve the confusion between the agent of the mentally ill and the defendant in the divorce case, as well as the problem that the spouse of some mentally ill patients neither filed a lawsuit for divorce nor fulfilled the obligations of husband and wife support for personal interests. From the perspective of applicable conditions, this article only applies to mental patients who have completely lost their capacity for conduct (that is, they are completely unable to recognize and control their own behavior); From the perspective of legal procedure, other persons with guardianship qualification must first start a special procedure to change the guardianship relationship before they can sue for divorce on behalf of the mentally ill. It should be noted that the means of infringement referred to here are mainly abandonment and abuse, but not limited to them. For example, domestic violence and asset transfer are also included. In other words, as long as there is serious damage to the rights and interests of mental patients, the new guardian can sue on behalf of them.