Easy divorce by settlement in Turkey

Today is a question and answer day. Question: “Dear Mr. Çektir, I married a Turkish citizen a few months ago [3 months]. But now, due to many problems in communication, differences in culture, traditions and religion, we both decided to divorce. I am Bulgarian citizen.

We got married in ?zmir. So my questions are: First, is it possible to get a divorce after such a short marriage and, second, what kind of reason do I have to submit to get divorced quickly?”
It is certainly possible to start a divorce case even right after you sign the marriage contract. There are two ways to pursue getting a divorce in Turkey.

The first applies in your case because you have only been married for three months now. Simply submit a divorce petition to the court along with your reasoning and claims for divorce. The other party must submit their defense. The court will then make a decision. This may take some time depending on the approach of the other party.

The second way to get a divorce is easier and granted upon a settlement reached by the parties who have been married for more than one year.

Divorce by settlement

Turkish law allows divorce with a settlement agreement made between the husband and wife.

In order to get this kind of divorce, both the husband and wife should agree and declare that they want to get divorced. Moreover, the spouses should have settled all aspects of the divorce (such as custody, financial matters, etc.) that may become a dispute between the parties during a divorce case.

I have to underline that this kind of divorce is only granted to couples who have been married for more than one year. If the one-year period has not yet elapsed, the court will dismiss the application for divorce by settlement without listening to any claims. In other words, the right of divorce by settlement is only granted to couples who have been married for more than one year.

What does Turkish law say about grounds for divorce?

Under Turkish law, the grounds for divorce are basically as follows: disloyalty, committing a crime against the life of the spouse, addiction to drugs or alcohol, cruelty/affront/insult, crime and infamous conduct, abandoning the spouse, mental illness, just and reasonable cause for divorce and domestic disturbance.

The most common ground 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 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 courts should be convinced that the marriage makes the lives of the spouses unbearable and that the marriage is now impossible to repair.

What if your husband does not want a divorce and what if the court rules in his favor? In the worst-case scenario, according to Turkish Civil Code 166/IV, if the divorce case is dismissed and if the marriage has not been resuscitated after three years, the court shall accept a new divorce case after this three-year period has elapsed.

Berk Cektir http://www.berkcektir.av.tr The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com info@berkcektirlaw. Photo by photoxpress.com

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Tags: divorce, lawyers, solicitors, turkish family law

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