HOW TO FILE FOR DIVORCE?
In order to file for divorce, one of the spouses must prepare a petition requesting a divorce. A party who wants to file for an arranged divorce or a contentious divorce must file a lawsuit in the Family Court. One of the parties who wants to divorce can file a divorce petition in two copies, adding the documents he wants to attach, if any, and a photocopy of his identity wallet. If an agreed divorce case is to be filed, an agreed divorce protocol should also be prepared along with the petition. The spouse who will file for divorce can carry out the proceedings by contacting the court office at the courthouse after preparing his documents and paying the legal fees. If we sort out the necessary documents;
- 2 copies of the lawsuit petition,
- Documents that are requested to be added, if any,
- Photocopy of the identity card,
- If an agreed divorce is to be filed, an agreed divorce protocol will be required.
- A lawsuit can be filed after the documents have been submitted and the lawsuit fee has been paid.
WHAT ARE THE REASONS FOR THE DIVORCE?
The reasons for divorce are regulated in the Turkish Civil Code and are divided into general and special reasons.
WHAT IS THE REASON FOR THE GENERAL DIVORCE?
The general reasons for divorce are regulated by name in the Turkish Civil Code, but what exactly falls into this concept is left to the discretion of the judge. Examples of common reasons for divorce include trust-shattering behavior, lack of livelihood, differences in the way of looking at life, the elimination of respect.
WHAT ARE THE SPECIFIC REASONS FOR DIVORCE?
The specific reasons for divorce are Adultery, caste, very bad or dishonorable behavior, Committing crimes and living a life without dignity, Abandonment and Mental Illness.
A CONTENTIOUS DIVORCE CASE BASED ON THE CAUSE OF ADULTERY – INFIDELITY (TCC C.161)
Adultery means that one of the spouses lives with another person in violation of his obligation of fidelity. It is when a woman or man who is married has a sexual relationship with someone of the opposite sex. If one of the spouses commits adultery, the other spouse can file for divorce. In order for adultery to be involved, sexual intercourse must be performed with the opposite sex. Having sex with people of the same sex is not considered adultery. Although the sexual intercourse experienced by one of the spouses with his own sex does not cause adultery, in this case, the other spouse may file for divorce on the grounds of living a life without dignity. In order for a sexual relationship to be considered adultery, it is enough that it took place once. If the spouse who has the right to sue finds out the reason for the divorce within six months and in any case five years after the act of adultery, the right to sue is dropped. The pardoning party has no right to sue.
A CONTENTIOUS DIVORCE CASE BASED ON A REASON OF CASTE, BAD OR DISHONORABLE BEHAVIOR IN LIFE (TCC C.162)
Life caste means actions of one spouse towards the right to life of the other spouse. A conviction of a criminal court is not required in a divorce case that will be filed for life due to caste. The Family Court may decide on a divorce. Very bad or humiliating behavior; behavior that endangers the physical and mental health of the spouse means mistreatment of the spouse. As with adultery, there are 6-month and 5-year periods of entitlement reduction in divorce cases that will be filed due to caste, bad or dishonorable behavior. Again, the other spouse who forgives his spouse for caste and very bad or dishonorable behavior will not have the right to sue.
A CONTENTIOUS DIVORCE CASE BASED ON THE REASON FOR COMMITTING A CRIME AND LIVING A LIFE WITHOUT DIGNITY (TCC C.163)
If one of the spouses commits a humiliating crime or leads an undignified life and for these reasons can not be expected from the other spouse to live with him, this spouse can always file for divorce. It is possible that a divorce case can be filed at any time, while there is no time limit for this particular reason for divorce. The fact that one of the spouses has forgiven the other for these reasons will not prevent him from filing for divorce. A decision on the conviction of a criminal court will not be sought in a divorce case for committing a crime, as in a divorce case for a reason of caste.
A CONTENTIOUS DIVORCE CASE BASED ON THE REASON FOR THE ABANDONMENT (TCC C.164)
In a divorce case based on the reason of abandonment; The spouse who leaves the house in order not to fulfill the obligations of one of the spouses arising from the marriage union is warned after at least four months have elapsed. With the warning, a period of at least two months is provided, and also the necessary conditions are provided for the spouse to return home. According to the Turkish Civil Code, the warning must only be withdrawn by a judge or a notary. If a divorce is filed without a warning, the court will make the warning itself. The House must be considered because of the abandonment of divorce for abandonment “to fulfill the obligations arising from the marriage union”, who actually left the house and the wife is justified if it is based on reason, the remaining spouse is sayilacag abandoned.
CONTENTIOUS DIVORCE CASE BASED ON THE CAUSE OF MENTAL ILLNESS (TCC C.165)
If one of the spouses is mentally ill and therefore the joint life becomes unbearable for the other spouse, this spouse can file for divorce, provided that it is determined by the official medical board report that the disease cannot be passed on. In order for a divorce to be filed due to mental illness, it is necessary that the marriage becomes unbearable for the other spouse.
WHAT IS A CONTENTIOUS DIVORCE DUE TO THE INABILITY TO RESTORE JOINT LIFE?
166 of the Turkish Civil Code. Article 4. The paragraph introduces a special regulation. Although three years have passed since the court decided to dismiss the divorce case filed for any reason in accordance with this regulation and this court decision was finalized, if joint life has not been restored, the marriage union is considered to have been shaken from its foundation and a divorce decision is made at the request of either party. For this reason, it does not matter if the divorce case is filed based on a private or general reason for the divorce. The fact that the parties have come together temporarily only without the will to restore dec common life does not mean that the common life has been restored.
WHAT ARE THE TYPES OF DIVORCE PROCEEDINGS?
Divorce cases are of two types: negotiated divorce and contentious divorce.
WHAT IS AN ARRANGED DIVORCE CASE?
A negotiated divorce case is a case in which the parties have dec up a protocol by agreeing on issues such as child support, material and moral compensation, custody and asset sharing related to a divorce between them. Negotiated divorce proceedings end in a single session.
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