Divorce Process and Your Rights: What You Need to Know

Divorce is the legal termination of a marriage and is regulated under the Turkish Civil Code. Knowing your rights and obligations during this process is of great importance in taking the right steps. Below you can find basic information about the divorce process.

Reasons for Divorce

According to the Turkish Civil Code, the reasons for divorce are examined under two main headings:

General Reasons for Divorce

• Fundamental Disruption of the Marriage Union (Severe Incompatibility): If disagreements between spouses have made the marriage union unsustainable, a divorce case can be filed based on this reason.

Specific Reasons for Divorce

• Adultery: In case of infidelity of one spouse, the other spouse can file for divorce.

• Attempt on Life, Severe Ill-Treatment or Dishonorable Behavior: Situations such as attempting on the life of the spouse or making serious insults.

• Committing a crime and living a dishonorable life: The spouse commits a disgraceful crime or lives a life that is not accepted by society.

• Abandonment: When a spouse leaves the shared residence without justifiable cause and does not return.

• Mental Illness: If one of the spouses suffers from an incurable mental illness.

Types of Divorce Cases

Consensual Divorce

If the marriage has lasted at least one year and the spouses have agreed on all the conditions of the divorce, they can file for a consensual divorce. The court can decide on a quick divorce after examining the compliance with the protocol.

Contested Divorce

When an agreement cannot be reached between the spouses, a contested divorce case occurs. In this case, the parties present their reasons for divorce and their requests to the court.

Legal Consequences of Divorce

Custody

The court decides on child custody by taking into account the best interests of the child. Joint custody between the parents or custody to a single parent may be granted.

Alimony

• Alimony: The spouse who will fall into poverty after the divorce may request alimony from the other spouse.

• Child Support: The spouse who is not granted custody contributes to the child's care and education expenses.

Property Regime and Property Sharing

The division of property acquired during marriage is subject to the regime of participation in legally acquired property. Unless there is a different agreement between the spouses, the property is divided equally.

Compensation

In a divorce, the spouse who is at fault may be liable to pay material and moral compensation to the other spouse.

Protect Your Rights

The divorce process can be complex and emotionally challenging. To protect your rights and manage the process properly, it is helpful to take the following steps:

• Get Legal Support: Getting advice from an expert family law attorney will help you get through the process in a healthier way.

• Prepare Your Documents: Prepare all necessary official documents and evidence in an orderly manner.

• Consider Children's Interests: Prioritize children's psychological and physical needs.

Note: This article is for general information purposes only and does not constitute legal advice. It is recommended that you seek professional legal support regarding your personal situation.