Why Can’t Men File for Divorce? – Misconceptions and Facts
Divorce cases are an important turning point in many people’s lives. The decision to end a marriage is a big step, both emotionally and legally. However, misunderstandings, social taboos and some legal confusions about the divorce process can complicate this process. Recently, a misconception that men cannot file for divorce has also been on the agenda frequently. In this article, we will clarify the question “Why can’t men file for divorce?” and share examples from legal regulations and correct information.
Divorce Case: Everyone’s Right
According to the Turkish Civil Code, filing for divorce is an equal right for every individual in a marriage. In other words, men, like women, can file for divorce of their own free will. What is important here is that the reasons for divorce are legally valid. A party who wants to end a marriage can file for divorce on the grounds specified in the Turkish Civil Code. Regardless of whether they are a woman or a man, it is a completely legal right for a person to request to end a marriage.
Where Does the Perception That Men Cannot File for Divorce Come From?
From time to time, there can be a misconception in society that men cannot file for divorce. This situation has several different sources:
Social Norms and Traditions
In Turkey, especially in more traditional segments, men are expected to have more say in matters related to their marriage. For this reason, the idea of filing for divorce is sometimes socially frowned upon by men. “Filing for divorce” can be associated with the false perception that a man is ‘weak’ or ‘incompetent’. Such social pressures can lead men to be more cautious about filing for divorce.
Misconceptions About Women and Child Custody
In divorce cases, decisions regarding child custody are usually one of the most debated issues in society. Some people may derive the idea that men cannot file for divorce from the misconception that women gain their rights regarding children more easily. However, this situation is only related to custody and has nothing to do with the right to file for divorce. Women having more rights regarding their children does not eliminate their right to file for divorce.
Men’s Low Request for Divorce
Although men have the legal right to file for divorce, the social perception is that men apply less in this regard. Another factor that strengthens this perception is that men’s requests for divorce are generally lower than those of women. However, the reason for this is the social structure; men’s requests for divorce are not legally prevented.
Reasons for Divorce According to the Turkish Civil Code
In order for a divorce case to be filed, there must be certain reasons for divorce in the Turkish Civil Code. Both parties can file for divorce for these reasons. Divorce cases can be filed in two ways:
1. Consensual Divorce Case
If there is no disagreement between the parties, both parties want a divorce and have agreed on issues such as property sharing and the status of the children, a consensual divorce case can be filed. In this case, either party (man or woman) can file for divorce.
2. Contested Divorce Case
A contested divorce is filed when one of the parties wants a divorce and the other party objects to it. A contested divorce case is a case that men can also apply for. Reasons for a contested divorce include:
Adultery (infidelity)
Attempts at life, mistreatment or humiliating behavior
Committing a crime
The marriage union being shaken to its foundation
Mental health problems.
A man can file for divorce based on any of these reasons. For example, if a man can prove his wife’s infidelity or mistreatment, he can request a divorce on these grounds.
Are There Legal Obstacles to Men Filing for Divorce?
There is no gender discrimination in the Turkish legal system regarding filing for divorce. In a system where men have the same rights as women, there are no obstacles for them to file for divorce. However, the number of divorce cases may vary depending on factors such as general attitudes, expectations in society and stereotyped views on the social roles of men.
Examples
Example 1: Ahmet and Elif’s Divorce Case
Ahmet and Elif have been married for 10 years and have been constantly arguing in their relationship. Ahmet decides to end their marriage because Elif constantly belittles and insults him. Ahmet applies to the court to file a contested divorce case. The court takes Ahmet’s claims into consideration and initiates the case process. Here, Ahmet’s request for divorce is a completely legal right and Elif could have requested a similar divorce.
Example 2: Burak and Ayşe’s Situation
Burak and Ayşe have stated that they want a divorce by mutual consent
Ayşe will take care of her children and Burak agrees to pay alimony. Burak files for a consensual divorce and the court approves both parties’ requests and ends the process. Here, Burak’s right to file for divorce has been equally fulfilled before the law. The situation of men not being able to file for divorce is a misperception. According to the Turkish Civil Code, both men and women have equal rights to file for divorce. The rate at which men exercise this right may vary due to reasons for divorce, personal situations and misperceptions in society. However, there is no legal obstacle for men to file for divorce. Every individual can file for divorce whenever they want and under appropriate conditions; what is important is the legal validity of the reasons for divorce.