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Misconduct in Marriage and Justified Divorce: Legal Regulations
Marriage is an institution where two individuals are connected by emotional, social and legal bonds. However, these bonds can weaken over time and bad behaviors can emerge. Bad behaviors can shake the foundation of a marriage and create justified grounds for divorce. In this article, we will examine what bad behaviors in marriage mean, how these behaviors are evaluated as justified grounds for divorce, and legal regulations.
Misconduct in Marriage: Definition and Scope
Misconduct in marriage is when a spouse behaves inappropriately, harmfully or unfairly towards the other. These bad behaviors can include the following elements:
Physical Violence
Physical violence is when a person uses physical force against another and is one of the most serious types of misconduct. Actions such as hitting, pushing, shaking are included in the scope of physical violence.
Psychological Abuse
Psychological abuse means that a spouse constantly harms the other person mentally and emotionally. Insults, humiliation, social isolation and constant criticism are examples of psychological abuse.
Financial Abuse
Financial abuse is when one spouse acts in a way that worsens the other spouse’s financial situation. For example, concealing income or mismanaging assets falls into this scope.
Cheating and Infidelity
When one spouse cheats on the other or is unfaithful, it damages trust in a marriage and is considered bad behavior.
Legal Regulations and Justified Divorce
How does the Turkish Civil Code address justified divorce requests in the face of bad behavior in a marriage? Here are the legal regulations and justified reasons for divorce:
Physical Violence and Legal Regulations
Physical violence is among the justified reasons for divorce regulated in Article 166 of the Turkish Civil Code. Victims can take the following steps to prove violence and request a divorce:
Medical Reports: Health reports received after violence are official documents documenting injuries and physical damages.
Police Records: Police reports regarding violent incidents help to legally determine the situation.
Psychological Abuse and Legal Regulations
Psychological abuse is also considered a legitimate reason for divorce. Although there is no regulation directly related to psychological abuse in the Turkish Civil Code, the following elements are taken into consideration:
Expert Reports: Reports documenting the effects of psychological abuse show the mental damage experienced by the victim.
Witness Statements and Diaries: Statements of people who observed the abuse and the diaries in which the victim writes about her experiences can help prove abuse.
Material Abuse and Legal Regulations
Material abuse is important in terms of property sharing and alimony arrangements. The Turkish Civil Code aims to provide a fair solution in terms of property sharing and alimony arrangements in divorce cases:
Property Sharing: A fair sharing of assets is ensured after divorce.
Alimony: Alimony can be requested for the party with insufficient economic situation.
Cheating and Infidelity
Cheating is among the legitimate reasons for divorce. Cheating by one of the spouses means the marriage union is shaken to its foundation. In this case:
Presentation of Evidence: Various evidence can be presented to prove the cheating, for example, text messages or photos.
Prevention of Bad Behavior in the Divorce Process and Ways to Apply
The following steps can be taken to prevent bad behavior in marriage and to deal with these situations:
Legal Support: The party exposed to bad behavior can protect their rights by getting legal support from a lawyer.
Therapies and Counseling: Couple therapy and individual counseling can help resolve bad behavior.
Protection Measures: In cases of physical violence or threats, protection measures can be requested from the court.
Bad behavior in marriage, physical violence, psychological abuse, financial misconduct and cheating are considered legitimate reasons for divorce. The Turkish Civil Code ensures that such situations are handled legally and protects the rights of the victims. As Özkök Law Firm, we are here to provide you with professional support and protect your rights during your divorce process.
Contact Özkök Law Firm
If you want to get legal support during the divorce process due to bad behavior in marriage, you can contact Özkök Law Firm. Our expert team is ready to help you in the best way possible to overcome the difficulties you are experiencing.