There is no definition of “humiliating crime” in the TMK. Therefore, the assessment of which crimes fall into this category is left to the discretion of the judge. In general, crimes that are considered damaging to honor and reputation in society can be considered humiliating crimes.<\/p>\n
Conditions for Filing a Divorce Case Due to Humiliating Crime:<\/p>\n
Committing a Humiliating Crime: One of the spouses must have committed a crime that is considered damaging to honor and reputation in society, such as theft, fraud, drug dealing.
\nThe Crime Must Be Linked to Polygamy: The crime committed must have a direct connection with the marital union or damage the foundation of the marital union. For example, while a spouse’s insult to his neighbor is not always a reason for divorce, a spouse’s insult to family members or relatives or causing them material or moral damage may be considered as a reason for divorce.
\nShattering the Foundation of the Marital Union: The crime committed must be serious enough to shake the foundation of the marital union and cohabitation must become impossible for the other spouse to live together. This situation is determined by evaluating the concrete event.<\/p>\n
Evidence:<\/p>\n
The spouse who files for divorce due to committing a humiliating crime must collect evidence to prove his\/her claim. Among this evidence;<\/p>\n
Crime Document: Documents such as a report, decision or letter from the penal institution regarding the crime committed by the spouse can be used as evidence.
\nWitness Statements:\u00a0The statements of people who witnessed the crime can also be considered as evidence.
\nSocial Media Posts:\u00a0Social media posts indicating that the spouse has committed a crime can also be presented as evidence.
\nExpert Reports:\u00a0When necessary, an expert report can also be obtained depending on the nature of the incident.<\/p>\n
Stages of the case:<\/p>\n
Divorce due to humiliating crime is filed in a similar way to other divorce cases. The litigation stages are as follows:<\/p>\n
Preparation of Petition: An application is made to the competent family court with a petition. In the petition, the reason for the case and the evidence are explained in detail.
\nCase Meetings: The court ensures that evidence is collected and necessary examinations are carried out. Parties and witnesses are heard.
\nDecision Making:\u00a0The court makes its decision regarding the divorce by evaluating all the evidence and statements.","protected":false},"excerpt":{"rendered":"
What is a Humiliating Crime? There is no definition of “humiliating crime” in the TMK. Therefore, the assessment of which crimes fall into this category is left to the discretion of the judge. In general, crimes that are considered damaging to honor and reputation in society can be considered humiliating crimes. Conditions for Filing a […]<\/p>\n","protected":false},"author":12,"featured_media":4284,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4281","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/4281","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=4281"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/4281\/revisions"}],"predecessor-version":[{"id":4283,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/4281\/revisions\/4283"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/4284"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=4281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=4281"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=4281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}