Quoting juliacernat:
Legal grounds for divorce under Turkish law
"“I have been married for almost three years, my husband is Turkish and we live in Turkey. We have had no problems arising out of cultural difference, and I love to be in Turkey.
However, I just feel like I don’t love my husband as I did before. I feel like his image as a husband to me is fading away. I have lately started to consider getting a divorce. It seems like I do not have significant grounds for a divorce. Would this -- not feeling in love anymore -- be grounds for divorce? Please only disclose my nickname if you have to. Your response will be appreciated.â€
My dear reader, I certainly don’t have to disclose any names or nicknames. I just like to demonstrate that my corner is read and I am receiving enquiries. I only disclose names upon written approval of the reader who made the enquiry.
If I may proceed with your question; Nobody gets married to get divorced one day and every marriage is supposed to last forever. However, it is a fact that many people get divorce.
What does Turkish law say about grounds for divorce?
Under Turkish law, the grounds for divorce are basically as follows:
* adultery/disloyalty
* crimes against the life of a spouse
* ill-usage
* cruelty/affront/insult
* crime and infamous conduct
* abandonment/ desertion,
* mental illness
* domestic disturbances
The most common grounds for divorce applied in Turkish courts is domestic disturbance. Turkish Civil Code Article 166/1 states that “if the marriage is irreparably shaken, either of the spouses may file for divorce.†The parties can file for a divorce before the Family Court if they feel that their marriage has been ruined and their relationship is unbearable and intolerable. In practice, the Family Court should be convinced that the marriage has become unbearable.
Turkish courts have ruled on several matters regarding these grounds for divorce.
For instance, if one of the spouses continuously refuses to have sexual intercourse this may be considered as grounds for divorce. Other grounds that have been accepted in precedent cases include revealing family secrets, insulting the other spouse, humiliating activities against the other spouse, bedwetting and having bad breath.
One should note that none of these grounds solely can convince the judge to decide in favor of the claimant if the marriage hasn’t become intolerable.
In your case, if your feelings in relation to your husband make the marriage intolerable, you can go to court for a divorce.
In any case, according to Turkish Civil Code 166/IV, if the divorce case is dismissed and if the marriage hasn’t been reformed after three years, the court shall accept the new divorce case after this three year period has passed".
Berk Cektir, Today`s Zaman, 20.02.2007
|