If one of the spouses is mentally ill and the common life becomes unbearable for the other spouse due to this reason. This spouse may file for divorce. Provided that it is determined by an official medical board report. That the illness cannot be cured.
In order for a divorce. Case to be heard on the grounds of mental illness. This mental illness must have emerged during the marriage.
If one of the spouses suffered from mental illness before the marriage. A lawsuit for annulment of the marriage due to absolute nullity as stated in Article 145 of the TCC may be filed.
The mental illness of one of the spouses during. The marriage period. Must be determined by an official medical board report and the mental illness must affect the continuation of the marriage relationship to a degree that cannot be expected from the other spouse.
A divorce case cannot. Be filed based on general grounds for divorce due to mental illness. Since the defective behaviours of the spouse suffering from mental illness. Which make the common life unbearable, are not voluntary, no fault can be attributed. For this reason, the divorce case. To be filed due to mental illness can only be filed on the basis of absolute grounds for divorce.
A divorce case based on mental illness can be filed at any time. There is no drop-down period.
You can access our other article examples and petition examples by clicking