What is Justified Divorce? Legal Definition and Scope
Divorce cases bring up various legal and personal issues during the process of terminating the marriage union. Justified divorce is one of the most important concepts of this process and is a frequently encountered situation in divorce cases. In this article, we will examine in detail what justified divorce is, its legal definition and scope.
What is Justified Divorce?
Justified divorce is the situation in which a spouse can file a divorce case against the other spouse for serious and valid reasons. According to the Turkish Civil Code, the existence of “justified reasons” is required to request a divorce. These reasons are situations that show a serious disagreement between the spouses and that the marriage union is unsustainable.
1.1. Justified Divorce According to the Turkish Civil Code
Justified reasons for divorce are determined in Articles 161 and 162 of the Turkish Civil Code. These reasons are the situations that justify a spouse to file a divorce case against the other.
Turkish Civil Code Article 161: One spouse may file for divorce due to the “grave fault” of the other. Grave fault refers to the spouse’s behavior that is incompatible with the marital union, violates basic obligations and makes the continuation of the marriage impossible.
Turkish Civil Code Article 162: One spouse may file for divorce if the other fails to fulfill his/her marital obligations “without excuse”. Lack of excuse means that the spouse does not fulfill his/her obligations towards the marital union.
Legal Definition of Just Divorce
Just divorce is evaluated according to certain criteria in law. These criteria reveal the justification of the spouse requesting the divorce.
2.1. Grave Fault
Grave fault refers to serious behavior that will shake the foundation of the marital union. Such faults must be at a level that will make the continuation of the marriage impossible. Grave faults may include the following situations:
Infidelity: If one of the spouses engages in unfaithful behavior, it may be considered a justified reason for divorce.
Violence: Using physical or psychological violence may be considered a grave fault.
Behaviors Within the Family: Spouses not behaving in accordance with the marriage union, such as constant arguing and fighting, may be considered as gross fault.
2.2. Lack of Excuse
Lack of excuse refers to the situation where the spouse does not fulfill their marital obligations. Lack of Excuse may include the following:
Failure to Fulfill Economic Obligations: Failure of one of the spouses to fulfill their financial obligations.
Failure to Fulfill Domestic Duties: Failure to do housework, neglecting childcare, etc. may be considered as gross fault.
Lack of Communication: Spouses not communicating sufficiently with each other and not fulfilling the requirements of a shared life.
Scope of Just Divorce
The scope of just divorce includes various situations and reasons. This scope may vary in each individual case.
3.1. Determination of Gross Fault
Determination of gross fault requires the evaluation of the behaviors of both parties and their status within the marriage. This evaluation is usually done in court and includes the following:
Behavioral Analysis: The spouses’ behavior towards each other, elements such as violence, neglect and infidelity are evaluated.
Witness Statements: The testimony of the spouses’ family members, friends or neighbors may be used.
3.2. Examining the Cases of Inexcusability
Inexcusability situations are evaluated in order to examine whether the marital obligations have been fulfilled. The elements considered in this process include the following:
Financial Obligations: Whether the spouses fulfilled their economic responsibilities.
Distribution of Roles in the House: The fair sharing of duties and responsibilities in the house.
Evidence in Just Divorce Cases
In just divorce cases, various evidence and documents must be presented to prove justification.
4.1. Gathering Evidence
Gathering evidence is important for the successful conduct of the divorce case. This evidence may include the following:
Video and Audio Recordings: Recordings that prove situations such as violence or infidelity.
Witness Statements: Statements from family members, friends or neighbors.
Financial Documents: Documents showing that economic obligations have not been fulfilled.
4.2. Expert Opinions
Expert opinions can be especially important in cases of psychological or physical violence. Reports from psychologists or social workers can be used as supporting evidence in court.
Things to Consider
There are some important points to consider in a justified divorce case.
5.1. Legal Consultation
Getting legal consultancy when filing a justified divorce case ensures that the process is carried out correctly. A lawyer can help evaluate the justification situation correctly and present evidence effectively.
5.2. Communication and Negotiation
Effective communication and negotiation between the parties can contribute to a faster and smoother resolution of the divorce process.
5.3. Emotional Support
The divorce process is emotional
It can be challenging as a family. Getting emotional support and professional help can help you manage the process in a healthier way.
Justified divorce refers to one spouse providing valid reasons to file a divorce case against the other. According to the Turkish Civil Code, serious fault and lack of excuse are among the justified divorce grounds. The evaluation of these situations should be supported by the right evidence and documents. Legal counseling, effective communication and emotional support play an important role in the justified divorce process and help the process to be conducted fairly.