Practice Areas

Divorce Grounds in Turkey

Akkas & Associates Turkish family lawyers and divorce attorneys are prepared to handle complex divorce cases in Turkey. Chapter 2 of the Turkish Civil Code provides the details of Divorce Grounds in Turkey for a divorce or separation in Turkey.

Our Turkish divorce lawyers also represent our clients in other family law issues including; contested divorce, uncontested divorce, alimony & compensation, child custody, child support, recognition of foreign divorce decrees, and other family law litigation.

We understand your needs when it comes to family law issues. We’re dedicated to helping you make the right decisions, even during difficult and emotional circumstances.

Our Turkish family lawyers and divorce attorneys give you sound legal advice based on the law, our experience, and the unique facts of your situation.

Our firm’s family lawyers are devoted exclusively to family law issues including contested divorce, uncontested divorce, alimony & compensation, child custody & support, recognition of foreign divorce decrees, and litigation.

Divorce Grounds in Turkey

General Divorce Grounds in Turkey

Chapter 2 of the Turkish Civil Code provides the following possible grounds for filing court cases for a divorce or separation in Turkey:

  1. Adultery, Maltreatment, a threat to life, severe insult
  2. Committing a crime that degrades the integrity or the prestige of the other party
  3. Deserting home: If one of the parties leaves home and does not return for at least 6 months without showing a valid reason and also does not respond to the Judge’s warnings, the deserted spouse may open a court case for a divorce. The party who has forced his/her spouse to leave home or who prevents the return of the spouse without any valid reason is also considered to have deserted his/her home.
  4. Mental illness: If one of the parties has a mental problem that is confirmed by an official medical committee report that it cannot be treated, a court case for a divorce can easily be opened.
  5. Incompatibility: Though this is the widest area of grounds for opening divorce cases, Defendant has the right to reject a court case if Plaintiff is found to be more at fault. If the judge, however, decides that the right of rejection is being exploited and that there is no benefit for the Defendant and the children in maintaining the marriage, a decision for divorce can be made.

If the marriage has lasted for at least one year and a joint application for divorce is made, or a court case filed by one spouse is accepted by the other spouse, the marriage is considered to be impaired.

In such cases, the Judge listens to both sides and approves the agreement reached by the parties regarding the protection of the children and financial affairs. The Judge has the authority to make any changes to the arrangements. If both parties consent to these changes, the divorce decision is given.

If three years have elapsed from the date a divorce case is rejected and living together has not been established, the marriage is considered to be impaired and a divorce decision is given upon application to the court by either spouse.

If you live outside of Turkey and are looking for Turkish family law to assist you with divorce, child custody or child visitation, and child support issues, give us a call.

We work regularly with clients who live abroad but have children or divorce matters in Turkey. We understand the frustration that a long-distance legal battle can cause and will do all we can to limit your travel expenses and win your case.

Our Turkish family lawyers are prepared to handle your divorce in Turkey. Divorce grounds in Turkey are adultery, maltreatment, a threat to lifesevere insult, committing a crime, deserting home, mental illness, and incompatibility.

Legal grounds for the dissolution of marriage are divided into two groups: special and general. Sections 161 to 166 of the Turkish Civil Law define those legal grounds as follows;

The special legal grounds are adultery, deliberate attempt to kill, maltreatment, humiliating behavior, committing a crime, unreasonable behavior, desertion, mental disease;

The general legal grounds are incompatibility, coming to a mutual agreement on divorce, no-contest divorce, and living apart for three years after an application for dissolution of marriage has been denied by the court.

Marriage will not be dissolved upon the filing of the decision made by only one of the spouses. Marriage will not be dissolved unless the spouse against whom such application has been filed is proven to have been faulty.

Apart from such fault, marriage can only be dissolved upon an application by the couple for divorce under mutual agreement, agreed divorce. The court will not dissolve the marriage unless both spouses are present in person at the hearing.

If the application is based on adultery, the presentation of written affidavits will not be considered sufficient, the judge will hear the couple’s individual verbal statements before the court.

Reach us for Divorce Grounds in Turkey

Akkas & Associates is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s family law & divorce. Since 1992, our lawyers have been helping clients with complex legal challenges and maximizing opportunities for success.

Our law firm is now one of the leading family law & divorce law firms in Istanbul, Turkey. You may reach us for Divorce Grounds in Turkey through our Contact page.

error: Content is protected !!