Long-Term Separations in Marriage and Justified Divorce: Legal Procedures and Claims
Marriage is a sacred union that unites the lives of two individuals. However, in some cases, this union can lead to long-term separations and ultimately divorce requests. Long-term separations bring various legal issues to the agenda in marriages, and being informed about the legal aspects of this situation is of great importance in terms of protecting your rights. In this article, we will discuss how long-term separations are evaluated as grounds for divorce, legal remedies and claims.
What is Long-Term Separation?
Long-term separation refers to the situation where married couples do not live together and do not communicate with each other regularly. This separation can occur for various reasons: such as work, health problems, personal problems or marital conflicts. However, the duration and reason for the separation may affect the justification in the divorce process.
Legal Framework: Turkish Civil Code and Long-Term Separations
The Turkish Civil Code also includes long-term separations when determining the grounds for divorce. Within the framework of the law, long-term separations are considered grounds for divorce under certain conditions:
Definition of Long-term Separation: According to the Civil Code, the spouses not living together or not communicating regularly for a period of one year or more is considered a long-term separation.
Long-term Separations as a Reason for Justified Divorce: Article 166/1 of the Turkish Civil Code states that long-term separations can be a justified reason for divorce. However, in order to request such a divorce, the duration of the separation and the behavior of the parties during this period are taken into consideration.
Justified Reasons for Divorce and Long-term Separation
Long-term separations can be considered a justified reason for divorce, but this situation must be proven. Long-term separations can be evaluated as justified reasons for divorce as follows:
Duration of Separation: Separations of one year or more during marriage can be considered a justified reason for divorce. This period also affects the reason for the separation and the attitudes of the parties during this period.
Reason for Separation: The reason for the separation plays an important role in the divorce case. For example, if one spouse is separated for a long time due to health problems, the other spouse may see this as an acceptable reason.
Behavior of the Parties: The behavior of the parties after the separation may be decisive in the divorce case. Factors such as one of the parties trying to communicate despite the separation or the other spouse not accepting this situation may affect the case process.
Legal Remedies and Claims
There are some legal remedies and claims that you should consider when requesting a legitimate divorce due to long-term separation:
Filing for Divorce: In order to file for divorce due to long-term separation, you must first apply to the court. The court makes a decision by evaluating the duration and reasons of the separation.
Evidence and Witnesses: Presenting evidence and witnesses regarding the duration and nature of the separation may affect the course of the case. Lack of communication, documents regarding living separately and witness statements play an important role in this regard.
Material and Non-Material Compensation Claims: During the divorce case process, you can request material or non-material compensation due to long-term separation. These claims are shaped according to the effects of the separation on the parties.
Long-term separations in marriage are an important issue to consider during the divorce process. In this process, it is of great importance to get legal support to protect your rights and take the right steps. As Özkök Law Firm, we would be happy to guide you in such cases with our experience in divorce cases.
Contact and Consulting
If you have questions about the divorce process due to long-term separation or if you want to get legal consultancy, you can contact Özkök Law Firm. We are here to offer you the best solution.
