Our law office is well-recognized Turkish law firm as the center of excellence on the divorce cases in Turkey. We are fully prepared to handle divorce cases from a simple uncontested (agreed) divorce cases to the complicated ones. We represent our clients not only for the contested or uncontested divorce cases but also for the alimony payment, child custody and support, recognition of the foreign divorce decree and any other family law litigation.
GROUNDS FOR DIVORCE IN TURKEY
If one of the grounds for divorce set forth in the Turkish Civil Code exists, each spouse may sue for a divorce in Turkey. Marriage may only be dissolved upon a court decision. The legal grounds for divorce defined in the Turkish Civil Code are as follows:
1. ADULTERY
The innocent spouse can file for divorce in Turkey. The statute of limitation for filing for divorce on grounds of adultery is six months after learning of the adultery, or five years after adultery has been committed. If the innocent spouse forgives adultery, his/her right to file for divorce lapses.
2. ABUSE AND THREAT TO LIFE
If one spouse makes a deliberate attempt on the others life, or abuses the other physically or mentally, the other spouse can file for divorce in Turkey.
3. COMMITTING A CRIME
If one of the spouses commits a crime, which will humiliate the other, or maintains a dishonorable life, the other spouse can file for divorce in Turkey.
4. DESERTING HOME
If one of the spouses deserts the other, intending not to maintain their common life, and to unjustly avoid his/her marital responsibilities, and this continues for a minimum of 6 months, it constitutes a ground for divorce in Turkey. If a spouse causes his/her spouse to abandon their home, or prevents the other spouse’ s return to the home, said spouse is considered to be the one who deserted his/her home.
5. MENTAL ILLNESS
If a spouse develops a mental condition, which makes the marital life intolerable for the other spouse, he or she can file for divorce in Turkey.
6. IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE
The most common cited ground for divorce is irretrievable breakdown of the marriage. If the marital life becomes unbearable for couples due to continuous disputes and disagreements, and it is not possible for them to continue to live together, either of them, or both of them together, can file for divorce in Turkey. If the spouses file for divorce together, or one of them files and the other joins the suit, and the marriage has continued for at least one year, the marriage will be considered as having broken irretrievably down, and divorce will be granted.
7. AFTER THE SEPARATION PERIOD GIVEN BY THE JUDGE AND THREE YEARS AFTER THE DISMISSAL OF THE SUIT
If a spouse has files for and been granted separation either of the spouses, or both of them together, can file for divorce in Turkey, when the separation period ends and spouses have not resumed marital life. The same rule applies, when the court has denied divorce, but granted separation, or has denied divorce, but the spouses have not resumed marital life within 3 years of the dismissal of the suit.
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