1. Validity of the Reason for Divorce
The judge examines whether there is a valid reason for divorce. According to the Turkish Civil Code, reasons for divorce may include severe incompatibility, cheating, physical or psychological violence, abandonment, attempt on life, alcohol/substance addiction. The evidence presented by the parties is taken into consideration to prove the existence of one of these reasons.
2. Duration of Marriage and Attitude of the Parties
How long the marriage lasted and the couple’s desire for divorce are also important criteria. In long-term marriages, the decision to divorce is evaluated more carefully. In addition, the parties’ attitudes when explaining their desire for divorce, their discomfort with the other party’s behavior, and whether they have previously sought a solution are also taken into consideration.
3. Custody and Needs of the Children
If the couple has children, the judge first considers the custody, care, and development of the children. When deciding which parent is suitable for the best upbringing of the children, the judge evaluates the parents’ relationship with the children, their care skills, financial situation, and the psychological needs of the children.
4. Violence and Security Status
If there is physical or psychological violence in the case, the judge considers this situation as the most important factor. Protective measures or precautions can be taken considering the safety of the victim of violence. This situation may cause the divorce decision to be accelerated.
5. Financial Status and Alimony
The judge evaluates the alimony requests by examining the financial situations of the parties. This especially includes arrangements such as alimony or child support. The income, expenses, assets and other economic factors of the parties determine the alimony amount.
6. Property Sharing and Property Regime
The rights regarding how the property acquired during the marriage will be shared may affect the divorce decision. The judge takes into account the property regime under which the parties are divided regarding the distribution of the property acquired during the marriage (for example, the regime of participation in acquired property).
7. Statements and Evidence of the Parties
The evidence of the parties supporting their divorce requests is also taken into consideration. This may be witness statements, written documents, documents or records proving situations such as violence or cheating. The judge evaluates the statements of both parties objectively.
8. Incompatibility During the Marriage
The harmony between the parties, their communication styles and their behaviors within the marriage are also evaluated from the beginning of the marriage. If there is a long-term and continuous severe incompatibility, the divorce decision can be made quickly.
The judge gives the safety and well-being of the children the most important priority when making a decision, then takes into account the situation of the parties and the problems in the marriage. The basis of the divorce decision is the statements of the parties, the state of violence, financial and social situation. In line with these evaluations, the judge tries to make the most accurate decision.
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