In Turkish law, divorce is the legal termination of the marriage bond. The divorce process is carried out in two ways: by mutual consent and contested. In mutual divorce, the parties apply to the court by agreement and prepare a divorce protocol. In contested divorce, the parties do not agree, and the court decides on their divorce. Unless either party appeals the divorce decision made by the court of first instance, the marriage bond is terminated.
Specific Grounds for Divorce
Adultery (Article 161 of the Turkish Civil Code)
According to Article 161 of the Turkish Civil Code, the adultery of one of the spouses is a sufficient reason for the other spouse to file for divorce. Adultery is considered a serious violation that undermines the marital union. The spouse seeking divorce on the grounds of adultery is obliged to prove the occurrence of adultery.
The right to file for divorce due to adultery is lost if six months have passed since the spouse became aware of the reason for divorce, or if five years have passed since the act of adultery.
Attempt on Life, Severe Ill-Treatment or Degrading Behavior (Article 162)
An attack on the life of one spouse by the other, putting the life in danger, is considered a ground for divorce under Article 162.
Severe ill-treatment, whereby one spouse continuously mistreats the other physically or psychologically, is a ground for divorce under Article 162.
Degrading behavior, where one spouse behaves in a way that seriously affects and undermines the marital union, is a ground for divorce under Article 162.
The right to file for divorce on these grounds is lost if six months have passed since the spouse became aware of the reason for divorce, or if five years have passed since the occurrence of the reason.
Committing a Degrading Crime and Leading an Unworthy Life (Article 163)
If one of the spouses commits a degrading crime or leads an unworthy life, and it becomes unacceptable for the other spouse to continue living together, this can be a ground for divorce under Article 163.
Abandonment (Article 164)
If one of the spouses abandons the other spouse without a valid reason, with the intention of not fulfilling the obligations arising from the marriage, and this separation has lasted for at least six months and continues, the abandoned spouse can file for divorce. The spouse who forces the other to leave the common residence or prevents the other from returning to the common residence without a valid reason is also considered to have abandoned the other.
Upon the request of the spouse with the right to file for divorce, the judge or notary public will issue a warning to the abandoning spouse to return to the common residence within two months, informing them of the consequences of not doing so. This warning can be made by publication if necessary. However, a request for a warning cannot be made until the fourth month of the specified period, and the divorce case cannot be filed until two months after the warning.
Mental Illness (Article 165)
If one of the spouses is mentally ill, and this makes it unbearable for the other spouse to continue the common life, and it is determined by an official medical report that there is no possibility of the illness being cured, the healthy spouse can file for divorce.
General Grounds for Divorce
If the marriage bond is fundamentally shaken to the extent that the spouses cannot be expected to continue their common life, each spouse can file for divorce. In the cases mentioned above, if the plaintiff’s fault is more serious, the defendant has the right to object to the filed divorce case. However, if this objection constitutes an abuse of rights and there is no longer a worthwhile interest in the continuation of the marriage for the defendant and the children, the court may still grant the divorce.
If the marriage has lasted for at least one year, and the spouses apply jointly or one spouse accepts the other’s divorce case, the marriage bond is considered to be fundamentally shaken. In this case, for the court to grant the divorce, the judge must be convinced that the parties’ wills are freely expressed, and the judge must find the arrangements made by the parties regarding the financial consequences of the divorce and the situation of the children to be appropriate. The judge can make necessary changes to this agreement, considering the interests of the parties and the children. If these changes are also accepted by the parties, the divorce will be granted. In this case, the rule that the judge is not bound by the parties’ admissions does not apply.
If a divorce case filed on any of the grounds for divorce is rejected, and three years
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