Family Law​

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Family Law was established for the healthy and happy continuation of the family unity established by the individuals who make up the society. No one wants to see the home they built fall apart one day. Frictions and behavioral disorders between family members can complicate the continuation of the family. Even if it is not desired, divorce may be on the agenda. The most accurate management of divorce, which is a psychological and legal process, and the most successful termination by protecting the rights of the parties are of great importance for all family members.

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The duration of the divorce case varies depending on the type of divorce case and the workload in the courthouse. An uncontested divorce case is the shortest type of divorce case. Usually, a decision is made by the court after several hearings. Divorce cases that are not an uncontested divorce are called contested divorce cases. Plaintiffs and defendants (parties), unlike consensual divorce; In these cases, the judge does more research and listens to many witnesses, as they have not been able to reach a consensus on the divorce, the financial consequences of the divorce, and the situation of the children. This, in turn, prolongs the proceedings.

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It is within the jurisdiction of the Family Courts to resolve disputes regarding family law regulated in the Turkish Civil Code. For this reason, regardless of the reason for divorce, all divorce cases must be filed in Family Courts. In places where there are no Family Courts, Civil Courts of First Instance are also in charge of dealing with divorce and separation cases. Divorce is the termination of a validly established marriage by a court decision, upon the request of one of the spouses, based on the reasons and conditions stipulated in the law.

 

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What important issues does Family Law include?

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Family Law regulates the protection of the rights of family members and the proper execution of the divorce process.

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Family Housing

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It is a continuous living space where officially married husband and wife live together, spend their common life together. Even if the spouses have more than one house, only one of them, the house where they live intensely, becomes the family residence. Places such as summer cottages, chalets, and highland houses, which are lived from time to time, are not considered family residences.

 

One of the spouses may not terminate the lease agreement for the family residence, transfer the family residence or limit the rights in the family residence without the express consent of the other spouse. Your spouse cannot terminate the lease agreement, cause you to vacate your house, sell the house to someone else, or establish a mortgage on the house without your consent.

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In order to fully protect your rights on the family residence, it would be correct to put an annotation on the deed. There is no obligation to file a lawsuit for the family residence annotation and take a decision from the court. It will be sufficient to go to the Land Registry Office in your location with the necessary documents (your identity card, marriage certificate and residence document from the headman) and make a request.

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Even if this annotation is not found in the deed, the house where you live with your spouse is the family residence. However, if your spouse sells this house, there may be two consequences. If the buyer knows that the house is a family residence, you can file a lawsuit to cancel the sale. If he does not know, the goodwill of the purchaser is preserved and the sale cannot be cancelled. For this reason, having a family residence annotation on the deed will definitely prevent you from losing your rights.

 

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Cheating Status

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The marriage union established by marriage brings along the obligation of sexual loyalty.

Cheating (adultery) is the greatest insult and infidelity against the marriage union.

For this reason, it is an absolute ground for divorce.

If the judge is convinced of the existence of adultery, he will terminate the marriage for no other reason.
The spouse who wants to divorce depending on the reason for adultery should be able to prove this with all kinds of legal evidence.
The right to file a divorce suit based on the reason for adultery ceases after six months from the date on which the reason for adultery is learned and, in any case, five years after the act of adultery took place.

In such a case, a divorce case can be filed on the grounds that the foundation of the marriage union is shaken as a reason for divorce. When filing the divorce case, it will be in your favor to show the reason for your divorce as both adultery and the shaking of the foundation of the marriage union.
In the case of divorce due to adultery, the judge may decide to reduce or abolish the share of the adulterous spouse in the liquidation of the property regime.

As a rule, after the divorce, the spouses have equal rights to the residual value, ie ½. However, if one of the spouses has committed adultery, this rate can be reduced or completely eliminated by the judge.

The same is true in divorce due to intent on life.

Bisexual relationships are not considered adultery.

However, you can file a divorce case based on dishonorable living or the reasons for the marital union to be shaken to its foundation.
You cannot obtain the contents of phone calls or messages from GSM operators to prove that your spouse has committed adultery.

Because conversations and messages are not recorded.

On the other hand, information on the dates and times of conversations and messages may be requested from GSM operators by the court upon your request.
The obligation of fidelity in marriage continues during the divorce proceedings. Spouses must remain faithful to each other until the divorce decision is finalized - until the divorce decision is made and, if appealed, it is upheld by the Supreme Court. Otherwise, it constitutes adultery.
A one-time sexual intercourse with the person is sufficient to file for divorce on the grounds of adultery.

It is not necessary to have an emotional bond between your spouse and the third party in order to file a lawsuit.
Adultery can be proved with any legal proof (hotel records, photographs, letters, sms messages, witness statements, etc.).

However, oath and confession will not be accepted as evidence in a divorce case filed due to adultery.
The fact that one of the spouses has started adultery earlier does not mean that he is more guilty and does not give the other spouse the right to commit adultery. For this reason, if both spouses have committed adultery, both spouses can file a divorce lawsuit against each other.
To be able to talk about adultery, the existence of a sexual relationship is necessary.

Courtship that does not involve sexual intercourse, even if it is infidelity, alone is not sufficient to file a divorce case for adultery.

They can only establish the actual presumption of the existence of adultery.

Adultery is considered to have occurred in cases where one of the spouses is alone with the opposite sex in closed places such as houses or hotels, seen in secluded places, having candid photos taken, and talking on the phone frequently, especially at night, for no valid reason.​

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A Spouse's Mental Illness

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Since the actions of the mentally ill spouse are involuntary, it is not possible to resort to an uncontested divorce.
If mental illness is incurable and makes marriage unbearable, mental illness is a ground for divorce in current circumstances. However, the mental illness in question must be identified with an official health board report.
In this case, you can file a lawsuit for divorce or annulment of marriage.
There is no requirement to wait any time. A lawsuit can be filed at any time.
You can request alimony if one of the spouses is mentally ill and if the financial situation is sufficient to pay alimony.
If the spouse's illness is a treatable illness and the spouse does not refuse to be treated, this illness is not considered a reason for divorce in itself.

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Uncontested Divorce

 

If you want to remarry with your divorced spouse and get divorced again, the one-year period in uncontested divorce will be determined by considering the duration of your last marriage.
If the one-year period has not expired, an uncontested divorce cannot be made, but the case is not rejected. The court, within the framework of the claims and defenses of the parties, investigates whether other grounds for divorce have occurred, whether the foundation of the marriage union has been shaken, and the decision is made according to the result.
Spending a year together or not has no effect on the uncontested divorce. Even if you have never been together, you can file for an uncontested divorce at the end of a year.
The judge will automatically investigate and observe whether a year has passed in the marriage.
One year must pass between the date of marriage and the date of filing the lawsuit. The date on which the lawsuit is filed is the date on which the petition for divorce is submitted to the court by paying the fee.
After the lawsuit has been filed, the realization of the uncontested divorce is only possible through rehabilitation.
If the judge decides that the conditions regarding the consensual divorce are fulfilled, he decides to divorce. How long the divorce will take depends on the content of the agreement between you and the court's workload. A decision is usually made after several hearings.
If the marriage has lasted at least one year, if the spouses apply together or if one spouse accepts the other's case, the foundation of the marriage union is deemed to have been shaken. In this case, in order for a divorce decision to be made, the judge must listen to the parties and be convinced that their will is freely expressed and approve the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the situation of the children. If these conditions are fulfilled, the judge will decide to divorce.

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Separation Status

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In order for you to file a divorce case due to abandonment, your spouse's separation from the shared residence must have occurred unlawfully. When it is legal to leave the shared residence due to the separation decision, you cannot file for divorce due to abandonment.
In order for a separation decision to be made by the court, there must be a lawsuit filed regarding separation or divorce. The grounds for divorce must be fulfilled. There must be the possibility of re-establishing common life.
In a lawsuit filed, if the plaintiff is right to file a divorce case (for example, if the defendant's spouse insulted him and used violence), if the court considers that the parties are likely to reconcile and continue their marriage, then a separation decision is made.
If the reasons for divorce have occurred, you can only file a lawsuit for separation if you wish. If the case is a separation case, the judge cannot rule for divorce.
The period of separation is at least one year and at most three years. The time will be determined by the judge, including within these limits. The separation period will start from the date of finalization of the separation decision.
If the marriage cannot be re-established at the end of the separation decision made in accordance with the law for a period of one to three years, the judge will decide to divorce you.

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Shaking the Foundation of the Marriage Union

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If your spouse has been living with someone else for a long time as a husband and wife, then your spouse is gravely at fault. If you have even a little fault, it is considered that the continuation of the marriage in question is not worth protecting, and therefore your objection is considered to be an abuse of right. In this case, divorce is decided.
If the Defendant's objection to divorce is aimed at saving the marriage, this does not constitute an abuse of right. In this case, the case is rejected, that is, a divorce decision is not made.
In divorce cases filed due to the shaking of the foundation of the marriage union, the defendant must have a slight fault for the case to be accepted.
If the divorce case you filed on the basis of any of the grounds for divorce is rejected, if three years have passed since the decision became final and the joint life could not be re-established within these three years, the marriage union will be shaken from its foundation. Divorce will be decided upon the request of one of the spouses.
Every woman has the right to give birth. You can file for divorce on the grounds that your spouse's pressure on you to terminate your pregnancy, even though there is no medical necessity, and because it involves emotional violence, the marriage union has been shaken. Likewise, women who do not want to have children can also be sued and demanded for divorce because of the shaking of their marital union.
In order for the judge to give a divorce decision, the foundation of the union must be shaken. It should no longer be expected from spouses to maintain a common life. In the continuation of the marriage union, there should be no benefit worthy of protection for the defendant and the children. Age difference is not the only reason for divorce. In order for the age difference to be a reason for divorce, it must be undermining the marriage union.
Although the faulty party also has the right to file a lawsuit, the fully faulted spouse should not be a plaintiff in accordance with the Supreme Court.
If there is no fault that can be attributed to the defendant, the divorce case should be rejected because the marriage union opened by the fully faulted spouse is shaken from its foundation. The defendant must have at least some fault.
The less-faulted defendant does not have the right to object to the lawsuit filed. If the objection is an abuse of right, it is rejected. Objections that are considered as abuse of right, objections of those who avoid living together, objections of those who insult, objections of those who have decided to divorce in a foreign court, etc. In the continuation of the marriage union, there should be no benefit worth protecting for the defendant and the children.

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Divorce Due to Actual Separation

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De facto separation is an absolute ground for divorce regulated in the Civil Code. Accordingly, in the event that the lawsuit filed with any of the grounds for divorce is rejected and three years have passed from the date of finalization of this decision, if the common life cannot be re-established for whatever reason, the marriage union is deemed to have been shaken to its foundations and the divorce is decided upon the request of one of the spouses.

The conditions required for divorce due to de facto separation are as follows:

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• There must be a denied divorce case.

• The refusal decision must be final.

• At least three years must have passed after the rejection decision became final.

• After the rejection decision is finalized, the common life should not have been re-established.

The rejection decision of the court that hears your divorce case is not a final decision. In order for this decision to become final, either the appeal period must pass without an appeal or the appealed decision must be upheld by the Supreme Court. However, if the case is waived, the finalization date of the case is the waiver date. A decision that has no legal remedy to be applied against is called a final decision.
If you have more than one divorce case between you and your spouse, you should file the case on the basis of the case for which the three-year period has been met. For example, you filed two separate divorce cases on two separate dates. The first was rejected. It has not been finalized and it is still being examined in the Supreme Court. If the second refusal is final, you should file your case on the basis of the second case.
Divorce cases rejected due to waiver may also be the basis for divorce cases due to de facto separation. Also, in this case, the start date of the three-year waiting period is the waiver date.
If you have an interest in using your spouse's surname, if you prove that using your surname will not harm your spouse, the family court may decide to carry your spouse's surname upon your request.

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Divorce in Foreign Courts

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The original of the divorce decision given by the foreign court must be sealed and wet-signed. An apostille annotation should also be attached to the decision.

 

Required documents:

 

• An annotation or document showing that the divorce decision of the foreign court is final.

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• Turkish translation of the foreign court decision. The translation must be done through a sworn translator and then notarized or certified by the consulate.

In order for the divorce decision taken abroad to be valid in Turkey, a recognition and enforcement case must be filed in the family court in Turkey.
In order for the recognition and enforcement decision to be made, the divorce must be finalized abroad. In these cases, no retrial is made, it is investigated whether the first trial is in compliance with Turkish law.
The fact that one or even both parties are not Turkish does not prevent the divorce case from being filed in Turkey. If the spouses are of separate citizenship, the law of common habitual residence applies, and in the absence of which, Turkish law applies.

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Intruding on Life

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Assault on life is the actions of one of the husband or wife with the aim of killing the other wife. It is one of the grounds for divorce regulated in the Civil Code.
A lawsuit must be filed within six months from the discovery of the act of intent to life, and within 5 years following the act even if it is not learned.
Actions aimed at killing the spouse's relatives are not included in this scope, the action must be directed against the spouse. On the other hand, you can file for divorce because of committing a crime, which is one of the other reasons for divorce, or because the marriage union is shaken from its foundation.
In case of spectating the danger of death, an intent to life is assumed. In this context, a divorce case can be filed against the spouse who does not take his wife, who is seriously injured after an accident, to the hospital in order to ensure that she does not receive treatment and dies.
In order for you to be able to sue for life-caste divorce, your spouse's act must be aimed at killing, so violence is not covered unless the intent is to kill.
Even if it is expressed seriously, the threat of killing does not give the spouse the right to file for divorce on the grounds of intent to life.

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Leading a Dishonorable Life

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According to the understanding in the society, leading a dishonorable life is to live continuously for a certain period of time in a way that is incompatible with the concepts of honor, honor and dignity. Leading a dishonorable life is one of the grounds for divorce regulated in the Turkish Civil Code.
It is accepted that the person leads a dishonorable life in cases such as being drunk, gambling, homosexual, being addicted to drugs, running a dating house.
There are no specific deadlines in these cases, but in a lawsuit filed long after the dishonorable life has ended, it is highly likely that the court will reject the divorce.
If it is determined by the court that your spouse is living a dishonorable life and it is decided to divorce, the custody of the child will not be given to the dishonest person.
You can file for divorce or separation on the basis of leading a dishonest life. However, in a divorce case, if the judge sees the possibility of reconciliation, he may decide on separation instead of divorce.
You can file a divorce case against your spouse who has a habit of gambling and drags your family into poverty. The important point here is not that the spouse knew about this situation while getting married, but that this situation made the joint life unbearable after marriage.

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 Goods Sharing 

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While the legal property regime before 2002 was the separation of property, after 2002 the legal property regime has been accepted as joining the acquired property. For this reason, the separation of property for the period from 1998 to 2002 (if no other regime has been chosen) will apply the regime of participation in the acquired properties if between 2002 and 2005.
Property acquired jointly on loan. If the spouses cannot come to an agreement on who will keep the property, the property regime to be applied after the divorce comes into play. If this regime is the participation in the acquired property, which is the legal property regime, the property remains with the spouse to whom the house is owned, but this spouse has to pay an amount to be calculated by the court within the framework of the provisions regarding the liquidation of the property to the other spouse regime. Loans paid before the filing of the divorce case are considered acquired property, and those paid afterward are considered personal property and calculations are made accordingly. Whoever owns the house after the divorce will also be responsible for the loan debts.

From 1 January 2002 (unless a different property regime has been chosen) the legal property regime applicable to all married couples is the participation regime in acquired property. A spouse's acquired property is:

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• Acquisitions in return for his work.

• Payments made by social security or social assistance institutions and organizations or by funds and similar funds established for the purpose of helping personnel.

• Income from personal property.

• Values that replace acquired goods.

While acquired property goes into liquidation, personal property does not. The following are personal property:

 

• An item for the sole personal use of one of the spouses.

• Assets belonging to one of the spouses at the beginning of the property regime or acquired by a spouse subsequently through inheritance or any other way of gratuitous acquisition.

• Non-pecuniary damages.

• Values that substitute for personal property.

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Inherited property from your family is your personal property. In case of divorce, your spouse cannot claim the right to take the value of personal property. However, if there is income from these goods, since they will be considered as acquired goods, they can only claim participation for half of this part. For example; The other spouse cannot claim the flat inherited by one of the spouses. However, the rental income of this flat is considered as acquired property and the other spouse has the right to demand this rental amount.
As a rule, it is accepted by the Court of Cassation that the jewelery worn by the woman during marriage is considered to be donated to the woman, regardless of who took it, and that it should be returned to the woman in case of divorce. If it is not possible to return the ornaments as they are (in case of exchange, etc.), their price will be refunded. Jewelery items fall under the category of personal goods. However, if it is proven that the jewelery items were given to the husband for various reasons such as the needs of the house, wedding debts, honeymoon, and that they were exchanged and spent with the woman's request and approval, the husband is exempted from returning the jewelery items.
From 1 January 2002 (unless a different property regime has been chosen) the legal property regime applicable to all married couples is the participation regime in acquired property. Accordingly, the existence of a partnership is accepted regardless of who owns the property acquired during the marriage. The goods acquired during the marriage union are included in the sharing, except for the goods that are counted as personal property in the law.

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In accordance with the Turkish Civil Code; Personal Goods:

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• 1. Items for personal use of one of the spouses,

• 2. Assets belonging to one of the spouses at the beginning of the property regime or acquired by a spouse subsequently through inheritance or any other way of gratuitous acquisition,

• Non-pecuniary damages,

• Values that substitute for personal property.

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Acquired Goods:

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• Acquisitions in return for his work.

• Payments made by social security or social assistance institutions and organizations or by funds and similar funds established for the purpose of helping personnel.

• Compensation paid due to loss of working power.

• Income from personal property.

• Values that replace acquired goods.
  In addition to the legal property regime, the spouses have the right to choose one of the property separation, shared property division or property partnership regimes.

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Alimony Payment

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Precautionary alimony: The judge may order alimony for the benefit of the spouse and minor children before or during the divorce case.
Poverty alimony: The party who will fall into poverty due to divorce may ask for alimony indefinitely in proportion to his financial strength, provided that the fault is not more severe.
Participation alimony: It is a type of alimony that must be given for the children of the spouse, whose custody has not been given to him after the decision of divorce, in order to protect the future of the children, education and training.
The spouse who does not comply with the decisions regarding alimony can be imprisoned for up to three months. However, for this, you must first initiate an enforcement action against your spouse. If alimony is not paid in due time despite the enforcement proceedings and notification to the debtor and, if any, his lawyer, you should file a complaint with the enforcement court in the place where you followed the enforcement proceedings. If monthly alimony is decided, there must be at least one month's alimony debt between the notification of the execution order and the date of the complaint.
The prison sentences given by the enforcement criminal courts regarding the provisions of the Enforcement and Bankruptcy Law are called compulsion. The person who does not fulfill the requirements of the decisions regarding alimony, that is, does not pay the alimony within the specified time, is given a detention of up to 3 months upon complaint.
Whether alimony is a precaution, participation or alimony, in case the alimony is not paid, a penalty of imprisonment of up to 3 months is imposed upon complaint.
If alimony is paid, the prison sentence is lifted. In addition, even if the prison sentence has begun, the alimony debtor is released if he pays his debt.
Alimony shall not be imposed in favor of a woman who lives a life of husband and wife as if she is actually married to another man and whose livelihood is provided by this person.
While the alimony is given, the defect status of the parties is not examined.
Temporary alimony is earned on the date of the lawsuit, so the judge decides on the temporary alimony from the date of the lawsuit.
Until the case is concluded, you have the right to demand alimony, even if you have previously declared that you do not want it. However, in this case, the measure alimony will be decided from the date of your request, not from the date of the lawsuit.
During the divorce or separation case, the judge automatically takes the necessary measures during the continuation of the case. Temporary alimony is one of the temporary measures related to the livelihood of the spouses. Therefore, if there are conditions, the judge will automatically decide on alimony in your favor.
The court considers the financial strength, social and economic status of the spouse from whom alimony is requested while appraising alimony. For this reason, it is generally out of the question for the party paying alimony to be charged with alimony in an amount that cannot be expected to be paid. If you think that the alimony determined by the court is excessive, you can appeal this decision.
Poverty and alimony, which are among the types of alimony, can be requested from the other spouse by the spouse who is in a difficult situation, even if there is no child. In the poverty alimony, the party who will fall into poverty due to the divorce (provided that the fault in the divorce is not more severe) may request alimony from the other party in proportion to his financial strength. In addition, if the spouse who filed the divorce case is in a difficult situation economically, the court decides that a certain amount of money will be paid as a temporary alimony during the course of the lawsuit. Alimony for the measure continues until the verdict becomes final, unless the court gives a contrary decision. While it is possible to decide ex officio by the judge without a request for alimony, it is absolutely necessary to make a request for alimony.
In the marriage union, the parties have financial benefits in terms of existing or expected benefits. The parties are deprived of these financial opportunities by divorce. Here, the faultless or less faulty party has the right to demand financial compensation from the faulty other party in return for the material opportunities that he or she was deprived of because the marriage union ended with divorce. In many divorce cases, the personality rights of the other party are attacked due to the events that led to the divorce. For example, in the case of domestic violence, the act of violence is a reason for divorce, as well as violating the personality rights of the victim. The party whose personal rights are violated has the right to demand an appropriate amount of money as moral compensation from the culpable other party.
A lawsuit can be filed to change the financial situation of the parties or to change the amount of alimony in cases where equity requires. For example, if the alimony creditor woman started a new job while she was not working in a job before, the alimony debtor husband can file a lawsuit for the reduction of alimony. Or, the alimony creditor woman can file a lawsuit against the alimony debtor ex-spouse for reasons such as the insufficient alimony according to the current conditions and the increase in needs.
There is no definite limit or criterion in determining the amount of alimony. The judge determines the amount of alimony based on equity, using the discretionary right according to the characteristics of the concrete case and the social and economic conditions of the parties. In the determination of alimony, the financial strength of the spouse from whom alimony is requested is taken into account.
In the event that the spouse receiving alimony remarries or one of the spouses dies, it will be abolished by itself.
If the recipient of alimony leads a dishonorable life, the recipient of alimony gets rid of poverty, the person who receives alimony lives with another person as a husband and wife without a marriage contract (Imam marriage marriage), In the presence of one of these reasons, the alimony obligator can file a lawsuit for the removal of alimony.

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Inviting Witnesses to Court

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A notification is sent by the court to your witnesses to come to the hearing and testify. For the notification, the cost determined by the court must be deposited in the file in advance. In this notification, the court in which the case is held and the date and time of the hearing are notified to the witness.
Being a close relative of the witness does not prevent him from being heard as a witness. The important thing is that the statements are truthful and consistent.
It cannot be decided based on the abstract statements of the witnesses that are not based on good manners, that convey what the plaintiff or the defendant have told, or that have no basis. For this reason, your witnesses must have knowledge based on the situations they have witnessed about the issues they will testify. For example, if you are going to show a witness that you are constantly fighting with your spouse and he insults you, this witness must have personally seen some of your fights and heard the insults.
There is no legal limit on the number, you can show a large number of witnesses depending on the nature of the case. However, if the judge thinks that it is not necessary to hear all the witnesses, he asks you to choose 2-3 of the witnesses you show and listens only to them.
You must submit a petition with the names and full addresses of your witnesses to the court office within the time limit given to you by the court.

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Right to Compensation

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It is an attack on your spiritual personality, that is, your spiritual integrity, for your spouse to kick you out of the house without a justified reason. You can claim compensation from the court.
Financial and/or moral compensation can be claimed together with the divorce case or after the divorce case is concluded. In cases where compensation is requested together with the divorce case, compensation can be requested at every stage of the proceedings until the court decides. If these compensations are not requested together with the divorce case, the relevant case must be filed within 1 year from the date of finalization of the divorce decision. Your claims for material and/or moral compensation together with the divorce case will not be subject to fees and no attorney's fee will be incurred. In this case, only the fees and charges related to divorce are in question. Since there will be relative fees and attorney's fees in lawsuits demanding compensation to be filed after the divorce lawsuit, it would be beneficial to express your claims for compensation together with the divorce lawsuit.
While determining the amount of material compensation, factors such as the social and economic conditions of the parties, the purchasing power of money, the weight of the fault, whether it is possible to meet the financial support in another way, the age of the woman and the chance of marriage, the average life expectancy, and the principle of equity will be taken into account. While determining the non-pecuniary damage, the social and economic conditions of the parties, the purchasing power of money, and the weight of the action causing the non-pecuniary damage will be taken into account.

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 Disgraceful Behavior 

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Insulting your spouse in front of other people gives you the right to file for divorce for dishonorable behavior. In order to file a divorce case due to dishonorable behavior, the behavior must be severe. Whether the behavior is dishonorable, the family court will examine the spouses' character, social status, etc. review and appreciate.
Because your spouse has insulted you, you can file a divorce case for dishonorable behavior. Failure to act as if nothing has happened after the insults your spouse has made to you will be considered as a disguised amnesty before the court, so that the pardoning party can no longer file a lawsuit based on the insulting behavior. For this reason, if you want a divorce, you should not act in a way that will result in the provisions of amnesty in case your spouse insults you from now on.

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 Divorce Due to Crime 

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Theft and Fraud, Forgery are humiliating crimes. For this reason, you can file a divorce case against your spouse for committing a humiliating crime. However, in order to rely on this reason, the crime must have been committed after marriage.

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 Imposing Precautionary Measures 

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Spouses may request a precautionary measure on the property in case of fear that the right to obtain the right will be significantly difficult or completely impossible due to a change in the current situation while the divorce case is ongoing, or in case of damage due to delay.

Injunctive relief, real estate, motor vehicles, bank accounts, etc. about can be given. A request for interim injunction can be requested from the competent court before the divorce case is filed. Another possibility is that after the divorce case is filed, an interim injunction can be requested from the court where the case is heard. The precautionary measure continues until the final decision is finalized.

If you are experiencing violence from your spouse, you have the right to apply to the Family Court under the Law No. 4320 on the Protection of the Family. By examining the characteristics of the case, the judge may order one or more or all of the following measures:

 

• The offending spouse does not engage in acts of violence or fear.

• Removal of the defective spouse from the joint home.

• Allocating the house (family residence) to the spouse and children who have been subjected to violence.

• The abusive spouse does not approach the house.

• The abusive spouse does not damage the household goods.

• The abusive spouse does not disturb family members by means of communication.

• The violent spouse handing over his weapons and similar tools to the municipal police.

• The abusive spouse does not come to the common residence as he/she has used alcohol or drugs.

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 Violence

 

Violence is a reason for divorce in accordance with the Turkish Civil Code. However, the pardoning party no longer has the right to file for divorce based on this issue.
The reasons for the marital union to be shaken from its foundation; Emotional violence, Economic violence, Visual violence, Sexual violence, Social violence and Physical violence.
It is economic violence when your spouse knowingly and willingly causes you to quit your job. For this reason, you can file a divorce case based on the reason that the marriage union has been shaken to its foundation.
Taking care of your spouse's family is a requirement of the marriage union. Your spouse's indifference is emotional violence and is grounds for divorce. You can file a divorce case against your spouse based on the reason that the marriage union has been shaken to its foundation.
It is emotional violence that your spouse does not allow you to meet with anyone because of extreme jealousy. For this reason, you can file a divorce case against your spouse because the foundation of the marriage union is shaken.

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 Child Custody Issue 

 

The judge considers the best interests of the child when deciding on custody.
The main thing when making a custody decision is to protect the child and to ensure that the parents are harmed as little as possible from the separation. Accordingly, the parent who takes custody must be in a position to meet the needs of the child's education and social life.
In practice, custody of the minor child is usually given to the mother. This is because the child needs more maternal care and affection. Depending on the situation, if the judge appreciates that the father will better fulfill the responsibilities of custody, he will be able to give custody to the father.
The child in the age of comprehension should be heard by the court and his opinion should be asked.
The family court will definitely investigate the health status of the parents while arranging the custody issue. If your spouse is addicted to alcohol, a report will be obtained from family system specialists. This report will be used as evidence in court.