Divorce Cases

What is Divorce?

Under Turkish Law, there are various reasons for the dissolution of marriage. These can generally be handled under four main headings: The death of one of the spouses or being declared absent, declaring the marriage null and void and divorce. In order to terminate the marriage by divorce, one of the parties must file a divorce case on one of the grounds specified in the Turkish Civil Code (TMK).

What are the Types of Divorce?

In Turkish Law, divorce is divided into two main categories: Uncontested divorce and contentious divorce.

What are the Reasons for Contentious Divorce?

The divorce case can be filed for the reasons specified in the Turkish Civil Code No. 4721. These reasons are divided into two main groups as special grounds for divorce and general grounds for divorce.

What are the Special Grounds for Divorce?

1. Divorce Case on the Grounds of Adultery:

Adultery is a valid reason to file for divorce and a lawsuit must be filed within six months at the latest from the date the act of adultery is learnt. After this period, the right to file a lawsuit for adultery is lost. In addition, it is not possible to file for divorce if five years have passed since the act of adultery. On the other hand, the party who forgives this act loses the right to file a lawsuit.

2. Divorce Case on the Grounds of Castration for Life, Gross Misbehaviour or Dishonourable Behaviour:

In order to file for divorce on the grounds of intent to kill, one of the spouses must act with the intention to kill the other. Similarly, a divorce case can be filed on the grounds of bad or dishonourable behaviour. Disgraceful behaviours can be defined as actions that are incompatible with the moral values of the society and are evaluated by the court on a case-by-case basis. The case law of the Court of Cassation is also an important source shaping these behaviours.

3. Divorce Case on the Grounds of Committing a Crime and Living a Life Without Dignity:

In order to file for divorce on the grounds of committing a crime, the spouse must have committed one of the disgraceful offences. These offences are offences that are incompatible with the general moral values of the society and arouse a strong reaction. A divorce case can also be filed for leading a dishonourable life; however, this situation must be contrary to social morality and acceptable lifestyles.

4. Divorce Case on the Grounds of Abandonment:

One of the spouses leaving the house or not returning to the common living area of the house in order not to fulfil the obligations arising from the union of marriage is considered as abandonment. The abandonment must last for at least six months and must still be continuing. If the abandonment continues, the abandoned spouse must send a notice to the abandoner through the judge or notary public.

5. Divorce Case on the Grounds of Mental Illness:

Mental illness alone is not a sufficient reason for a divorce case. It should not be possible to cure this disease and the marriage union should have become unbearable. For this reason, the divorce case to be filed does not have a specific duration.

What are the General Grounds for Divorce?

Divorce Case due to the Shaking of the Marriage Union: If the continuation of the marriage union is no longer possible between the spouses, one of the parties may file for divorce based on the shaking of the marriage union. However, if the fault of the spouse filing the lawsuit is severe, the other spouse may object. Behaviours that undermine the unity of marriage include derogatory remarks, accusations, insults, lack of love, indifference and attitudes that undermine trust.

Uncontested Divorce Procedure and Existence of Privileges

Uncontested divorce is a process in which the spouses decide to end their marriage with their free will. For an uncontested divorce, the spouses must have been married for at least one year and the spouses must apply to the court together or the other spouse must accept the divorce case filed by one spouse. The parties present their agreements to the court in person, not through an attorney.

Cases Related to the Fer’iler after the Finalisation of the Agreed Divorce Decision

The decision rendered in the uncontested divorce case becomes final if no objection is made within two weeks, which is the legal period, after the court is notified. However, alimony and custody requests, which are the accessories of the uncontested divorce case, can always be subject to litigation. Since these requests are matters of public order, the parties always have the right to file a lawsuit on this issue.

Legal Services Provided by the Divorce Lawyers of Güneş & Güneş Law Office Specialized in Divorce Matters:

• Initiating Divorce Cases and Successfully Managing the Process: Opening both contested and uncontested divorce cases and effectively managing the legal process.
• Drafting an Agreement for Uncontested Divorce: Preparing an agreement protocol between the parties for an uncontested divorce and representing clients in negotiations.
• Alimony Arrangements in Divorce Cases: Managing cases and processes related to precautionary, contributory, and spousal support (alimony) claims.
• Claims for Material and Moral Compensation: Managing claims for material and moral damages arising from divorce proceedings.
• Child Custody Cases: Managing legal proceedings for obtaining, changing, or supervising custody of children from a marriage.
• Division of Property after Divorce: Liquidation of the property regime between spouses, division of marital property, and management of property sharing cases.
• Objections to Alimony Post-Divorce: Filing lawsuits to increase, decrease, or terminate court-ordered alimony payments.
• Adoption and Child Property Cases: Legal support related to adoption processes and children’s assets.
• Recognition and Enforcement of Foreign Divorce Decrees: Obtaining the recognition and enforcement of divorce decrees issued abroad in Turkey.
• Domestic Violence and Protective Measures: Requesting protective orders and following up on legal proceedings related to domestic violence situations.
• Non-Marital Child Custody and Parentage Disputes: Establishing parental rights or contesting paternity in cases involving children born outside of marriage.
• Enforcement of Alimony Payments and Criminal Action: Filing criminal lawsuits against a spouse who fails to pay alimony and following through with the proceedings.
• Legal Consulting on Property and Contracts: Legal support for all property agreements and preparation of contracts.
• Annulment of Marriage: Filing for annulment of marriage based on absolute or relative nullity grounds and managing the process.
• Guardianship and Curatorship Cases: Handling guardianship, curatorship, and the appointment of a legal guardian.
• Inheritance Cases Related to Divorce: Opening cases related to the request for or cancellation of inheritance certificates in connection with divorce.
• Other Family Law Disputes in Family Courts: Resolving and concluding all family-related disputes arising from divorce and family matters.
• International Child Abduction Cases: Managing international child abduction and return proceedings under the Hague Convention.

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