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DIVORCE LAW IN TURKEY

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Getting divorced is surely one of the most stressful events in life. However, it is possible to speed up the process and end up this unpleasant term of your life as quickly as possible. Then you can be free as a bird and be able to start over to your life with a clean slate.

Divorce proceedings in Turkey are not as complete as they look. Turkish Family Law consists of modern principles and objective provisions. It was inspired by the Swiss Civil Law during the legislative process of Turkish Civil Code. That is the reason why the current Civil Code put an end to the Islamic rules.

WHAT ARE THE LEGAL GROUNDS IN TURKISH DIVORCE LAW?

The crucial point in divorce cases in Turkey is to convince the judge of Family Court that you can no longer share the same ideas or feelings as well as the same house with your spouse. Although that is a common cause in divorce cases in Turkey, your case should be based on one of the objective grounds which are counted in Turkish Civil Law. The code states that there are two main types of divorce grounds according to articles number 161 to 166: Special and General.

Acacia International Lawyers can provide you with legal assistance and help you proceed with your divorce case should you wish so.

Please see the grounds for a divorce stated below to be accepted in a Turkish Family Court as per Civil Code of Turkey:

The special grounds are divided into six categories:

– Adultery,

– Unreasonable behaviour,

– Maltreatment, physical violence or attempt to kill,

– If one of the spouses has committed a crime,

– Desertion: If the spouses were separated for at least six months and the separation continues, the spouse that was deserted can file a law suit for divorce,

– Mental disease,

– Unrecoverable breakdown of the marriage.

On the other hand general grounds are divided into three categories:

– Incompatibility of temperament

– Coming to a mutual agreement on divorce

– Being separated for 3 years after an application for dissolution of marriage is denied by the Family Court.

Because of its importance, we would like to highlight the fact that the discretion of judge is broad in divorce cases. If you want your divorce case to end with a decree you need to ensure that you convince the judge that you have crucial problems which make it impossible for the marriage to continue. You need to prove your case by evidence, witnesses and such.

Therefore, it is not easy to talk about an estimated time when it comes to divorce cases but broadly speaking, cases come to end in 1 year approximately depending on the grounds, evidence and parties’ common intents.

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