Divorce On Mental Health Grounds
… FAMILY COURT JUDGE
THE PLAINTIFF :
TC IDENTITY NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT :
This is our petition for divorce and alimony due to mental health
.
EXPLANATIONS :
1-) Our client married the defendant’s wife on …/…/…/… date. As can be understood from the family population record attached to our petition (Annex 1), the couple has two children named … and … from this marriage. One of the children is … years old and the other is … years old and both are minors.
2-) Some time after the marriage of the couple, there were some changes in the behaviour and habits of the respondent spouse. So much so that the respondent spouse started to exhibit increasingly erratic behaviour, to have serious difficulties in making decisions on any matter, and to feel and experience some things that did not really happen as if they really happened. In the meantime, the respondent spouse has also developed an intense forgetfulness which was never seen before.
3-) Upon the developments, the respondent spouse, who underwent a serious health screening with the initiatives of our client, was diagnosed with …. As it can be clearly understood from the report (Annex 2) issued by the Chief Physician of … Mental and Nervous Diseases Hospital, the said disease is a medically incurable disease and can only be kept under control at a certain level. In the aforementioned report, it is also clearly stated that the respondent spouse should be kept under observation for a certain period of time.
4-) Due to the situation in question, the common life of the couple has become increasingly unbearable. This unfavourable situation in which the respondent spouse has fallen into, even poses a serious danger to the young children of the couple from time to time. This last point will be clarified by the statements of our witnesses whose names and addresses are written in the witness list (Annex 3), if your court deems appropriate. Moreover, both of the joint children are still young and in need of maternal care and attention. For this reason, we request that the joint children remain with our client for the duration of the lawsuit, and that their custody be given to our client when the couple’s divorce is decided.
5-) Our client is a housewife and does not have any income. Currently, she is staying with her mother and father together with her children. Since the economic situation of her parents is not good, she cannot get enough support from them. Both of the joint children are still young and in need of maternal care and attention. For this reason, we request that … TL … for our client and … T.L for each child, a total of … TL cautionary alimony be ruled for the duration of the lawsuit, and that the joint children be decided to stay with our client during the lawsuit.
6-) For the reasons we have tried to explain above, it has become necessary to file this lawsuit.
LEGAL GROUNDS :
4721 S. Code Art. 165, 168, 169, 175, 182, 4787 S. Code Art. 4, 6100 S. Code Art. 240, 266.
LEGAL EVIDENCE :
Sample of family population register, photocopy of identity card, report dated …/…/…, witness statements, expert examination.
CONCLUSION AND REQUEST :
For the reasons we have tried to explain above, we request that the parties be divorced, that the joint children stay with our client during the trial, that in case the couple is decided to divorce, their custody be given to our client, that our client be paid a monthly … TL and for each of the joint children … T.L per month, for a total amount of … TL, and for the continuation of this alimony as poverty and subsidiary alimony after the divorce, and for the defendant to be charged with the costs of the proceedings and attorney’s fees. …/…/…
APPENDICES
A copy of the family population register and a photocopy of the identity card,
…. dated …/…/… Report no. … of the Hospital,
The names and addresses of the witnesses and the subjects they will testify about
that shows the witness list,
One sample of approved power of attorney containing special authorisation.
Plaintiff Attorney
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