Is Illness a Cause for Divorce?
Illness The reasons for divorce are regulated in the Turkish Civil Code No. 721. mental illness and ordinary biological illness. Because mental illness is a specific reason for divorce; A common biological disease is a common cause of divorce. The issue of mental health, which is one of the private grounds for divorce, is § 165 of the Turkish Civil Code No. 721.
If one of the spouses is mentally ill and therefore living together becomes unbearable for the other spouse, if the medical board report states that the disease is not possible, this spouse may request a divorce. In a marriage divorced due to developed mental illness, the plaintiff’s spouse is not mentally ill. In order for the mentally ill spouse to be given the title of defendant, the court first verifies whether it has the capacity to act ex officio. In this regard, the medical opinion of the allegedly mentally ill spouse is obtained from the competent authorities. If it is concluded from the relevant medical opinion that he is mentally ill, the legal representative of the mentally ill spouse must attend the divorce case.
Conditions for Filing a Divorce Due to Mental Illness
The first and basic condition for filing a divorce case due to mental illness is that one of the spouses is mentally ill. The spouse had to be mentally ill at the time of marriage. If the mentally ill spouse becomes mentally ill before marriage rather than during marriage, it is not a mentally ill divorce; absolute zero must be created. First of all, it should be noted that the mental weakness of the other spouse is not a sufficient reason to file for divorce due to mental illness. TMK. Chapter 165 diseases are incurable diseases (such as Alzheimer’s disease, bipolar disorder, schizophrenia, paranoia). From this point of view, since diseases such as AIDS, epilepsy and cancer are not considered mental illnesses, a divorce decision cannot be made because of these diseases. According to Article 165 of the Turkish Civil Code, it would be correct to evaluate which diseases can be considered as the “reason” of divorce with the help of a lawyer.
When is Divorce Due to Illness Filed?
Divorce can be filed at any time due to mental illness; is not limited by time. It does not matter when the defendant’s spouse was mentally ill during the marriage. The plaintiff spouse can always file for divorce pursuant to Article 165 of the Civil Code. The divorce case can be filed in the family court where the parties have lived together for the last six months, or in the family court in the settlement of the parties, or in the civil court where the divorce case has not been filed. Family Court. established. court of first instance as family court.