Marriage is an institution established by two people who decide to unite their lives and build a common future. However, in some cases, it may become impossible to maintain the marriage union and divorce may become inevitable. In the Turkish Civil Code, divorce is permitted if the marriage union is shaken to its foundation or if a common life cannot be established.
There are two reasons for divorce:
General Reasons for Divorce
Marriage Union is Shaken to Its Foundation: Marriage union is shaken to its foundation, meaning that the feelings of love, respect and commitment that form the basis of a common life in marriage are eliminated. This situation may arise from various reasons such as one of the spouses cheating, using violence, abandoning, or behaving dishonorably.
Failure to Establish Common Life: Failure to establish a marriage union means that the spouses do not start living together or separate after a short-term relationship. This situation may arise from various reasons such as the spouses not being able to adapt to each other, having different lifestyles or not being ready for marriage.
Special Grounds for Divorce
Adultery: Adultery is when one spouse engages in sexual intercourse outside of marriage. Adultery is an absolute ground for divorce and cannot be forgiven.
Attack on Life, Very Bad or Dishonorable Behavior: Attempt on life is when one spouse attempts on the life of the other. Very bad or dishonorable behavior is when one spouse uses violence, insults, humiliates or degrades the other.
Committing a Crime and Living a Dishonorable Life: If one spouse commits a degrading crime or lives a dishonorable life, it can be grounds for divorce if the other spouse cannot be expected to live with them.
Abandonment: If one spouse leaves the house without the consent of the other spouse and without a justified reason and does not return for at least six months, it can be grounds for divorce.
Mental Illness: If one spouse has a mental illness that has lasted at least five years and cannot be cured, it can be grounds for divorce if the other spouse cannot be expected to live with them.
Filing a Case for Divorce
A divorce case is filed with the authorized family court. The spouse who files the lawsuit must present the reason for the divorce and the evidence to the court. After reviewing the evidence, the court may decide or reject the divorce.
Consequences of Divorce
With divorce, the marriage ends and necessary arrangements are made regarding the liquidation of the property regime between the spouses and custody. Divorced spouses may be entitled to alimony under certain conditions.
It should not be forgotten that
Divorce is a difficult process, both legally and emotionally. Therefore, all options should be reviewed and the necessary steps should be taken before deciding to divorce. It may be beneficial to get support from a lawyer or family counselor during the divorce process.
