Marriage is a union established between spouses on the basis of mutual love, respect and loyalty. However, from time to time, various problems may arise in the union of marriage. One of these problems is that one of the spouses has mental illness. Mental illness can adversely affect the life of both the sick spouse and the other spouse. In this situation, divorce due to mental illness The opening of the case may come up. So, is the spouse’s mental illness a cause of divorce? How does the Supreme Court make decisions about this? Here are the answers to these questions and the divorce case due to mental illness to know about:
Is it a reason for divorce?
Article 165 of the Turkish Civil Code regulated mental illness as a special reason for divorce. According to this article, “If one of the spouses is mentally ill and therefore the common life becomes unbearable for the other spouse, this co -divorce may filed a divorce case, provided that it is determined by the official medical board report that it is not possible to pass the disease.”
According to this article, two conditions must be realized together in order for mental illness to be the cause of divorce:
- Mental illness should make common life unbearable for the other spouse. This means that the mental illness shakes the unity of marriage, that the other spouse negatively affects his life and makes it difficult to live a common life.
- It should be determined by the Official Health Board report that there is no way to pass the disease. This means that a report should be received indicating that mental illness is an incurable or long -term disease.
What do the Supreme Court decisions say?
In the divorce cases due to mental illness, the Court of Cassation meticulously examines whether the above -mentioned conditions have been met. According to the decisions of the Court of Cassation, in order to be considered as a cause of divorce of mental illness, the disease should make the unity of marriage unbearable and prove that there is no possibility of healing.
The Court of Cassation decides the type, severity, duration of mental illness, taking into account the effects of the disease on marriage and other spouse. For example, mental illnesses such as schizophrenia, bipolar disorder, dementia can make the union of marriage unbearable and may be a cause of divorce. However, not every mental illness is considered a cause of divorce. For example, mental illnesses that can be treated or mildly may not be considered a cause of divorce.
In the divorce cases due to mental illness, the Court of Cassation also takes into account the defect status of the parties. It is accepted that the spouse who is mentally ill is not defective due to his illness. However, the behavior of the other spouse against the spouse, the mental ill, can be considered as defects.
How to open a divorce case due to mental illness?
In order to file a divorce case due to mental illness, it is important to apply to a lawyer and receive legal counseling. The divorce case is opened to the family court. In the petition, it should be noted that the union of marriage has become unbearable due to mental illness and that there is no possibility of healing of the disease. The petition should be added to the official medical board report and other evidence.
Konya Lawyer Support
In case a divorce case due to mental illness or to face a legal problem in this regard, a Konya lawyerfrom You can get support. A lawyer who is experts in family law will help you to protect your rights.
Ask the lawyer
Due to mental illness, you can answer the questions you have in mind about divorce, conditions, process and consequences in consultation with a lawyer. Ask the lawyer Thanks to the service, you can get legal counseling from a specialist lawyer.
IMPORTANT NOTES
- Mental illness is not always considered a cause of divorce.
- In order for mental illness to be a cause of divorce, it is necessary to prove that the disease makes the unity of marriage unbearable and that there is no possibility of healing by the official medical board report.
- In divorce cases due to mental illness, the decisions of the Supreme Court and the legal regulations should be taken into consideration.
- It is important to consult a lawyer and get legal support before filed a divorce case.
