Divorce is a significant life event that can arise from various factors. Understanding the reasons for divorce and the financial implications that follow can help individuals navigate this challenging time.
Reasons for Divorce
Communication Problems
Infidelity
Lack of Intimacy
Financial Issues
Different Life Goals
Financial Consequences of Divorce
The financial repercussions of divorce can be profound and far-reaching. Here are some key considerations:
Division of Assets: Marital property will often be divided, and this can lead to personal financial instability.
Child Support and Alimony: Financial responsibilities for children and potentially for a former spouse may be required.
Legal Fees: The cost of legal counsel and court fees can add up quickly during the divorce process.
Impact on Credit: Shared debts may affect individual credit scores post-divorce.
It is crucial for individuals considering divorce to seek legal and financial advice to understand the full scope of the impact on their lives
Introduction
This article provides a comprehensive examination of the reasons for divorce, relevant legal provisions, and the case laws of the Supreme Court of Turkey. Divorce cases are handled within the framework of the Turkish Civil Code and other legal regulations, particularly focusing on the principle of fault and various decisions of the Supreme Court. In this context, we will concentrate on the reasons for divorce, legal grounds, and related case law.
Reasons for Divorce
The Turkish Civil Code (TMK) categorizes divorce reasons into two main categories: general and specific reasons. General reasons for divorce include the irretrievable breakdown of marriage and mental illness, while specific reasons encompass adultery, attempted murder, severe maltreatment, commission of disgraceful crimes, living an immoral life, and abandonment.
Irretrievable Breakdown of Marriage
According to Article 166 of the TMK, the irretrievable breakdown of marriage refers to a situation where the continuation of married life is so compromised that it cannot be expected to continue. Based on this provision, a court may decide on divorce if it finds that the continuation of the marriage has become unbearable for the parties.
Mental Illness
According to Article 165 of the TMK, if one spouse suffers from mental illness that renders married life unbearable for the other spouse, a divorce case can be initiated. In this case, it is required to document, through a health committee report, that the illness is incurable.
Specific Reasons for Divorce
Adultery
Article 161 of the TMK recognizes adultery as one of the reasons for divorce. A divorce case based on adultery expires six months after one spouse becomes aware of the act of adultery and in any case, five years after the act of adultery has taken place. If the act has been forgiven, the right to file a lawsuit is eliminated.
Attempted Murder, Severe Maltreatment, or Disgraceful Behavior
According to Article 162 of the TMK, if one spouse attempts to murder the other, severely mistreats them, or exhibits disgraceful behaviors, it is considered a reason for divorce. In this case, the time frame for filing a lawsuit is six months from the date of learning about the incident, and in any case, it expires five years after the act has occurred.
Commission of Disgraceful Crimes and Living an Immoral Life
Article 163 of the TMK establishes that if one spouse commits a humiliating crime or lives an immoral life, the other spouse can file for divorce. These situations seriously undermine the marriage and make married life unbearable.
Abandonment
According to Article 164 of the TMK, if one spouse abandons the other with the intention of not fulfilling the obligations arising from the marriage, or does not return to the common home without just cause, the abandoned spouse can file for divorce after at least four months have passed and notice has been given. If the spouse does not return to the common home within two months following the notice, a divorce case can be initiated.
Legal Provisions
The related divorce articles of the Turkish Civil Code are detailed below:
Article 161 – Adultery
“If one of the spouses commits adultery, the other spouse may file for divorce. The right to file for divorce expires six months from the date the spouse entitled to file becomes aware of the adultery, and in any case, the right expires five years after the act of adultery has occurred. The forgiving party has no right to file a lawsuit.”
Article 162 – Attempted Murder, Severe Maltreatment, or Disgraceful Behavior
“Each spouse may file for
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