Marriage is a union based on love and respect. However, in some cases, unexpected events and situations can damage this union and lead to divorce. Mental illness can also be one of these conditions.
According to Article 165 of the Turkish Civil Code, if one of the spouses is mentally ill and therefore the joint life becomes unbearable for the other spouse, this spouse can file for divorce, provided that it is determined by the official medical board report that the illness is not possible to cure.
So, what conditions are required to file for divorce due to mental illness?
Presence and type of mental illness: One spouse must be diagnosed as having a mental illness and the type of this illness must be determined. This diagnosis should be made by a psychiatrist or psychologist.
Illness making the marital union unbearable: In order to file a divorce case, the mental illness must make the joint life unbearable for the healthy spouse. This situation is evaluated by taking into account the severity of the disease, its duration and the interaction between the spouses.
No possibility of recovery from the illness: Although mental illness can be treated, in some cases there may be no possibility of recovery from the illness. In such cases, an official medical board report must document that there is no possibility of recovery from the disease.
Steps to follow when filing for divorce due to mental illness:
1. Diagnosis of mental illness: If one of the spouses thinks he is mentally ill, he must first be diagnosed by a psychiatrist or psychologist.
2. Official medical report: Once diagnosed, an official medical report is required. This report should determine the type of disease, its severity, and the likelihood of recovery.
3. Filing a divorce case: Once the necessary documents are completed, a divorce case can be filed in the family court.
4. Litigation process: The litigation process is conducted by the court. During this process, both spouses are listened to and the necessary evidence is collected.
5. Court decision: The court gives its decision regarding the divorce after considering all the evidence.
Things to consider when filing for divorce due to mental illness:
This type of case is a sensitive issue and therefore it is important to seek legal assistance from a lawyer.
The spouse who files the lawsuit must prove how the disease affected the relationship between the spouses and made their joint life unbearable.
Material or moral compensation may be requested due to illness.
After the divorce case is finalized, the spouses must reach an agreement on issues such as assets and custody.
Filing for divorce due to mental illness can be a difficult process. However, it is possible to overcome this process in the easiest way by following the necessary steps and getting legal help.
