According to the Turkish Civil Code, divorce due to mental illness is one of the reasons for spouses to divorce. Problems experienced due to mental illness within the marriage union can provide legal grounds for filing a divorce case. Divorce cases due to mental illness are subject to certain conditions and legal regulations. Here are the important points to consider in this regard:
1. Reason for Divorce Due to Mental Illness
Article 164 of the Turkish Civil Code accepts mental illness as a reason for divorce. According to the article, if the spouses’ living together has become unbearable due to mental illness, the other spouse may request a divorce. The following conditions are required for a divorce case to be filed due to mental illness:
Continuing Mental Illness: Mental illness must be permanent and incurable. A temporary mental illness or treatable illnesses are not included in this reason.
Living Together Has Become Unbearable: The marriage union must become unsustainable due to mental illness, and the living conditions between the parties must be significantly negatively affected. For example, there may be situations such as the illness leading to physical or psychological violence, making the marriage unbearable financially and spiritually.
Proving Mental Illness: It must be proven that the mental illness exists, is incurable and creates a life-affecting condition. At this point, medical reports and specialist physician reports are among the important evidence.
2. Burden of Proof in Divorce Cases
When a divorce case is filed due to mental illness, the party filing the case must prove the existence of the illness and how this condition affects the marriage. For this proof:
Medical reports: A psychiatrist or specialist physician report may be requested regarding the patient’s treatment history and current condition.
Witness statements: Negative effects within the marriage union may also be stated by witnesses.
Illness history and treatment process: Situations such as the continuity of the illness and its incurability may affect the outcome of the divorce case.
3. Situation in Treatable Mental Illnesses
If mental illness is a temporary or treatable condition, the Turkish Civil Code may prevent a divorce decision based on this. However, the spouse’s resistance to treatment or the fact that the illness has become incurable during the illness process may be a reason for divorce.
Untreatable mental illness: Mental illnesses that make a marriage unsustainable and do not respond to treatment (such as severe mental illnesses such as schizophrenia) may lead to a divorce case.
Treatable illnesses: If the spouse can receive treatment and the illness reaches a level where the marriage can continue, the divorce request may be rejected.
4. Effects of the Divorce Decision
When a divorce decision is made due to mental illness, the rights and obligations of the parties after the divorce are determined. In particular, the party filing for divorce due to illness may request alimony or make requests regarding the custody of the child.
Alimony: Alimony may be requested by considering the treatment costs and care needs of the spouse requesting a divorce due to mental illness.
Custody of Children: If the spouse with mental illness is not suitable for the care of the children, custody is generally given to the other spouse.
5. Court of Cassation Decisions and Precedents
In divorce cases due to mental illness, the Court of Cassation focuses on the existence of the illness and the level that affects the marriage. In particular, cases such as the incurability of mental illness and the spouses’ living together becoming unbearable are included in the case laws.
Court of Cassation Decision: When a divorce is requested due to mental illness, the Court of Cassation may decide that the illness has made the marriage unsustainable and that living together poses a great difficulty for the parties. However, untreatable and long-term mental illnesses can be considered a stronger ground for divorce.
Divorce due to mental illness is a valid ground for divorce only in cases where the illness is untreatable and makes the marriage unsustainable. In such cases, it is important to prove the existence of the illness and to reveal the aspects that negatively affect the marriage. In divorce cases, concrete evidence and health reports are required for the successful conclusion of a divorce request due to mental illness.
