HOW IS THE DIVORCE CASE OPENED?
In order to file a divorce case, one of the spouses must prepare a petition for divorce. The party who wants to file an uncontested or contested divorce case should file a lawsuit in the Family Court. One of the parties wishing to divorce can file a divorce case by attaching two copies of the petition, the documents it wishes to attach, if any, and a photocopy of the identity card. If an uncontested divorce case is to be filed, an uncontested divorce protocol should be prepared together with the petition. After preparing the documents, the spouse who will file the divorce case can file a lawsuit by applying to the distribution office in the courthouse and paying the litigation fee. If we list the required documents;
2 copies of the petition,
Documents to be attached, if any,
Copy of identity card,
If an uncontested divorce case is to be filed, an uncontested divorce protocol will be required.
A lawsuit can be filed after the documents are delivered and the lawsuit fee is paid.
WHAT ARE THE REASONS FOR DIVORCE?
The reasons for divorce are regulated in the Turkish Civil Code and are divided into two as general and special reasons.
WHAT IS THE GENERAL REASON FOR DIVORCE?
General grounds for divorce are regulated by name in the Turkish Civil Code, but what exactly is included in this concept is left to the discretion of the judge. Confidence-shattering behaviors, incompatibility, differences in perspective on life, and the abolition of respect can be shown as examples of general divorce reasons.
WHAT ARE THE SPECIAL REASONS FOR DIVORCE?
The specific grounds for divorce are Adultery, Intention to life, very bad or dishonorable behavior, committing a crime and leading a dishonorable life, Abandonment and Mental Illness.
JURISDICTION – CONTRACTIVE DIVORCE ACTION BASED ON REASON OF DEFECT (TMK Art. 161)
Adultery means that one of the spouses is in a relationship with another in violation of the duty of loyalty. It is when a married man or woman has sexual intercourse with someone of the opposite sex. If one of the spouses commits adultery, the other spouse can file for divorce. For adultery to be in question, sexual intercourse must be with the opposite sex. Having sex with people of the same sex is not considered adultery. Although the sexual intercourse of one of the spouses with their own gender does not cause adultery, in this case, the other spouse can file a divorce case on the grounds of leading a dishonorable life. For sexual intercourse to be considered adultery, it is enough to have occurred once. The right to sue ceases after six months, and in any case, five years after the act of adultery, starting from the fact that the spouse who has the right to sue learns the reason for the divorce. The pardoning party has no right to sue.
COMPETITIVE DIVORCE ACTION BASED ON PEACE OF LIFE, MORE BAD OR DAMAGE BEHAVIOR (TMK Art. 162)
Intention to life; means the actions of one spouse against the right to life of the other spouse. Conviction of the criminal court shall not be sought in the case of divorce to be filed due to intent on life. The Family Court can order a divorce. Very bad or dishonorable behavior; Behavior that endanger the physical and mental health of the spouse means ill-treatment towards the spouse. There are 6-month and 5-year deprivation periods in divorce cases to be filed due to intent on life, bad or dishonorable behavior, as in adultery. Again, the other spouse who forgives his/her spouse due to intent on life and very bad or dishonorable behavior will not have the right to sue.
COMPETITIVE DIVORCE ACTION BASED ON COMMITMENT OF CRIME AND LIVING WITH DISGUSTING LIVES (TMK Art. 163)
If one of the spouses commits a humiliating crime or leads a dishonorable life and cannot be expected to live with the other spouse for these reasons, that spouse can always file for divorce. There is no time limit for this special reason for divorce, and it is possible to file a divorce case at any time. The fact that one of the spouses has forgiven the other for these reasons will not prevent him from filing a divorce case. In the case of divorce due to committing a crime, a conviction decision of a criminal court will not be sought as in the case of divorce due to intent to life.
COMPETITIVE DIVORCE ACTION BASED on Abandonment (TMK Art. 164)
In the case of divorce based on abandonment; If one of the spouses leaves the house in order not to fulfill the obligations arising from the marriage union, a warning is given after at least four months. With the warning, a period of at least two months is given and the necessary conditions are provided for the spouse to return home. According to the Turkish Civil Code, the warning should only be issued by the judge or notary public. If a divorce case is filed without a warning, the court will make the warning itself. The points to be considered in the divorce case due to abandonment are that the reason for leaving the house is “not fulfilling the obligations arising from the marriage union” and if the spouse who actually leaves the house is based on a just cause, the remaining spouse will be deemed to have left.
COMPETITIVE DIVORCE ACTION BASED ON MENTAL DISEASE (TMK Art.165)
If one of the spouses is mentally ill and therefore the common life becomes unbearable for the other spouse, it must be determined by the official health board report that it is not possible to cure the disease.
provided that this spouse can file for divorce. In order for a divorce case to be filed due to mental illness, the marriage must become unbearable for the other spouse.
WHAT IS A CONTRACTIVE DIVORCE DUE TO FAILURE TO RE-RESTORE THE COMMON LIFE?
Paragraph 4 of Article 166 of the Turkish Civil Code brought a special regulation. In accordance with this regulation, if the court dismisses the divorce case filed for any reason and three years have passed from the date of the finalization of this court decision, if the joint life has not been re-established, the foundation of the marriage union is deemed to have been shaken and a divorce decision is made upon the request of either party. For this reason, it does not matter whether the divorce case is opened on the basis of a private or general reason for divorce. The fact that the parties have come together for a temporary period but without the will to re-establish the common life does not mean that the common life has been re-established.
WHAT ARE THE TYPES OF DIVORCE ACTION?
There are two types of divorce cases: uncontested divorce and contested divorce.
WHAT IS A CONTRACTED DIVORCE CASE?
An uncontested divorce case is a case in which the parties agree on issues such as alimony, pecuniary and non-pecuniary damages, custody and division of assets, and prepare a protocol between them. Uncontested divorce cases are concluded in a single session.
