The majority of questions we receive is connected with the peculiarities of divorce process in Turkey. So we continue writing articles dedicated to this difficult topic. In this article we will discuss the types and the possible reasons for divorcespecified by the Civil code of Turkish Republic. For the convenience of our readers, we will also present some important legal terms in Turkish language.
There are only two kinds of divorce in Turkey:
- Uncontested Divorce. (anlaşmalı boşanma) This type of divorce process involves mutual agreement of the spouses and is the easiest and fastest way to get a divorce.
- Divorce without agreement. In this case, the divorce process can be started by one of the spouses that wish to dissolve the marriage according to the following possible reasons:
- Physical violence, psychological pressure, attempted murder, bad attitude, disrespectful behavior, which hurts the honor of the spouse.
- A crime committed by one of the spouses. When one of the spouses is leading immoral and unhealthy lifestyle.
- Mental disorder of one of the spouses.
- One of the most common reasons for marriage dissolution is incompatibility or irreconcilable differences of the spouses.(şiddetli geçimsizlik)
- Separation of the spouses (when two spouses live apart from each other).
In some cases a spouse has a right to get compensations for material and moral damage after the divorce. In this article we would like to discuss the most common causes of divorce in Turkey.
Incompatibility or irreconcilable differences of the spouses. (şiddetli geçimsizlik)
According to the law number 166/1 of the Turkish Civil Code if there is incompatibility between the spouses and it is no longer possible to continue family life, one of the spouses has a right to start the divorce process in the court.
The majority of divorce cases are opened in the court of Turkey exactly for this reason. Usually, the divorce process is started by a less guilty spouse. However, in some cases, it doesn’t matter which of the spouses has opened the divorce case. The marriage can be dissolved if it no longer brings benefits either to the spouses or to their children. The court must evaluate the situation between the spouses.
The term “incompatibility” can be described as the possible existence of serious and irreconcilable differences of views, ideas and feelings of the spouses, total lack of understanding. The Supreme Court of Turkey identifies several examples of incompatibility.
- The case when one of the spouses threatens to imprison another spouse.
- The case when one of the spouses kicks another spouse out of the house.
- If one of the spouses openly expresses his dislike against the other spouse.
- If one of the spouses unreasonably borrows large amounts of money.
- If there are constant scandals, quarrels and mutual insults between the spouses.
- If one spouse refuses to have intimate relationship with another spouse, despite the absence of sexual problems.
Uncontested Divorce. (anlaşmalı boşanma)
According to the article 166/3 of the Civil Code of Turkey, if the marriage lasted more than one year, and both of spouses are not against the divorce, the marriage can be dissolved by the court.
In order to make a decision about the dissolution of marriage, the judge must personally ensure that the desire to divorce is free and mutual, and the couple were able to reach the mutual fair agreement on the division of property and custody of children. According to the civil code of Turkey, the spouses should file for divorce together having made up a protocol in advance. In this protocol they should establish the terms of property division and custody of children. However, the court has the right to adjust some items in the protocol to improve the children’s welfare.
According to the article 161 of the Turkish Civil Code, if one of the spouses commits adultery, the other spouse has the right to file for divorce within 6 months after learning about this fact. However, if a spouse forgives betrayal, he loses the right to file for divorce. The evidences of adultery should be provided in the court.
If one of the spouses has made an attempt on the life of the other spouse, or there was a fact of disrespectful behavior, which hurts the honor of the other spouse, the victim spouse has the right to start the divorce process.
However, if the victim spouse forgives the behavior of the other spouse within 6 months after the incident, the right to file for divorce is lost.
How to start divorce process in Turkey?
In Turkey the decisions on divorce can only be made by the court. To start the divorce process you must apply to the family court (aile mahkemesi) in your city. In this case hiring a professional attorney is the matter of great importance. Our law firm is ready to help foreign citizens and answer all the questions.