• Family Law is intended for the healthy and smooth maintenance of the unity of family established by the individuals consisting of the community. The debates taking place between the members of the family and behavioural disorders may obstruct the maintenance of the unity of family. The issue of divorce may undesirably come up.
  • Management of the divorce which is both a psychological and legal process in the most accurate way and finalization of it in the most successful way with the protection of the rights of parties are highly important for all members of the family.
  • We help our clients to get over this sensitive process with the minimum financial and moral damages with the help of our specialist lawyers. We also generate solutions for the finalization of the divorce proceedings in a successful way for both parties and under a settlement.
  • Settling a controversy regarding with the family law regulated in the Turkish Civil Law is duty of Family Courts. So, without considering its reason, all divorce lawsuits must be filed in Family Courts. In places where there is no Family Court, Civil Courts of First Instance are responsible to rule divorce lawsuits.
  • Divorce, ending a marriage validly established upon a demand of one of the spouses based on the reasons and conditions in the law with court decision.

Important subjects in the Family Law

Family residence

  • It is the sustainable living area in which legally married spouses live together, spend their common life together. Even if spouses have more than one house, only one of them, the house in which they generally live, becomes family residence. Places such as summer houses, chalets, mountain house in which they sometimes live are not characterized as family residence.
  • One of spouses cannot terminate rent contract in relation with the family residence without clear consent of the other spouse, cannot transfer the family residence or cannot limit the rights on family court. Your spouse cannot cause that you are evicted from you house by terminating the rent contract, cannot sell the house to anyone and cannot put lien on the house.
  • It shall be useful to put an annotation to the deeds to fully protect your rights on family residence. There is no obligation of court decision for family residence. It shall be enough for you to go with the required documents (Identity card, marriage license and certificate of residence) to the Real Estate Registration Office and to make demand.
  • Even if this annotation does not exist on the deed, the house in which you live with your spouse is family residence. However, two results may be seen if your spouse sells this house. If the person having bought the house knows that this is a family residence, you can file a lawsuit for cancellation of the sale. If not, goodwill of the person having bought is protected and sale cannot be cancelled. So, it shall prevent you from losing your right that you put annotation of family residence on the deed.


  • Marriage established with marrying brings the obligation of sexual loyalty with it. Cheating (adultery) is the biggest insult and disloyalty made against the marriage. So, it is an absolute reason for divorce. If the judge is convinced to the existence of adultery, he/she ends the marriage without another reason.
  • The spouse requesting to be divorced depending on the adultery has to be able to prove it with every kind of legal evidence.
  • After six months following the date on which the reason of adultery is found out and after five years after the realization of adultery in any case, the right of filing lawsuit based on the adultery reason forfeits. While filing the lawsuit, it shall be helpful for you to show the reason of divorce as both adultery and breakdown of marriage.
  • In case of divorce because of adultery, the judge may decide to decrease or remove the share rate on the surplus value of the spouse having made adultery in the lawsuit of division of matrimonial property. As a rule, spouses have equal rights on the surplus value, in other words ½. However, if one of the spouses has made adultery, this rate can be reduced by judge or can be completely removed. Same case is subject in the divorce due to attempt life.
  • Bisexual relationships are not considered as adultery. However, you may file lawsuit of divorce based on the reasons of breakdown of marriage and disreputable living.
  • You cannot get the contents of telephone calls and messages from GSM operators to prove that your spouse makes adultery. Because, calls and messages are not recorded. On the other hand, information regarding with the date and time of the calls and messages can be demanded from GSM operators by the court upon your demand.
  • The obligation of loyalty in marriage continues during divorce lawsuit. Until the finalization of divorce decision –until the decision of divorce is given and approved by the Supreme Court-, spouses must be loyal to each other. Otherwise, this case constitutes adultery.
  • One time of sexual interaction with the person is enough to file a lawsuit. The condition of emotional tie between your spouse and 3rd person is not sought.
  • Adultery may be proved every kind of legal evidence (hotel registries, images, letters, sms, witness statements etc.) However, oath and cognisance shall not be accepted as evidence in a divorce lawsuit filed because of adultery.
  • It does not mean that he/she is faultier that one of the spouses starts adultery before the other one and does not give the right of adultery to the other spouse. So, if adultery has been realized by both spouses, both spouses may file a divorce lawsuit against each other.
  • In order to say adultery, existence of sexual relationship is necessary. Even if flirtations that do not contain sexual relationship are disloyalty, they are not enough solely for filing a lawsuit of divorce. They can only be the indication of existence of adultery. Adultery is considered committed in the cases that one of the spouses stays alone with a person from the opposite sex, is seen in solitude, takes intimate photos, frequently and especially at night time talks on the phone.

Mental Illness of the spouse

  • Since actions of the spouse who is a mentally ill are not voluntary, uncontested divorce is not an option.
  • If mental illness is not healable and it makes the marriage insufferable, in these circumstances, mental illness is a reason for divorce. However, it is needed that the mentioned mental illness is determined with the report of official health council.
  • In this case, you may file lawsuit of divorce or cancellation of marriage.
  • There is no obligation of waiting for any period. Lawsuit may be filed any time.
  • In case that one of the spouses loses his/her mental health and his/her financial condition is sufficient to pay alimony, you may demand alimony.
  • If the illness of the spouse is a healable one and the spouse does not reject to pay alimony, this illness is not considered as a reason for divorce solely.

Uncontested divorce

  • If you get married your spouse that you had been divorced before and you would like to be divorced again, period of one year shall be determined by considering the term of marriage that you have made last in the divorce.
  • If period of one year is not ended, uncontested divorce is not an option; however, lawsuit is not rejected. Examination of whether other divorce reasons and breakdown of marriage has happened is made by the court within the claims and defences of the parties and decision is given according to the result.
  • It does not affect divorce that whether you have spent period of one year together. Even if you have not been together in the period of one year, you may file uncontested divorce lawsuit.
  • Judge shall research and observe whether one year is completed.
  • One year must pass between the date of marriage and the date on which lawsuit is filed. The date on which the lawsuit is filed is the date on which fee of petition of divorce lawsuit is paid and given to the court.
  • After the lawsuit is filed, the only option to realize divorce is renovation.
  • If the judge decides that conditions regarding with uncontested divorce have happened, he/she decided divorce. It depends on the content of the agreement between you and the work load of the court that how long divorce it shall take.
  • If marriage lasts for minimum one year, breakdown of marriage is considered happened in case of that spouses apply together or one of the spouses accepts the lawsuit of others. In this case, it is obligatory that the judge personally hear the parties, decide that their wills are freely stated and he/she approve the arrangement to be agreed by the parties in relation with the financial consequences and the conditions of children. If these conditions are completed, judge decides divorce.

The Case of breaking up

  • For you to file a lawsuit for being left, it is needed that leaving of your spouse from the common residence is illegal. When leaving the common residence due to the decision of divorce is not illegal, you may not file a lawsuit for being left.
  • For court decision of divorce to be given, there must be a lawsuit filed regarding with breaking up or divorce. The reasons for divorce must be realized. There must not be possibility of establishment of common life again.
  • If the plaintiff is right to file a divorce lawsuit in a lawsuit filed (for example, if the defendant insults him/her and use violence), the decision of breaking up is given by the court if it is decided that there is possibility of reconciliation and continuing the marriage.
  • If divorce reasons have happened and if you want, you may file a lawsuit of only breaking up. If the lawsuit is a lawsuit of breaking up, judge may not decide divorce.
  • Period of breaking up is minimum one year and maximum three years. Provided that it is within these periods, the period shall be decided by the judge. Breaking up period shall commence on the date in which the decision of breaking up is finalized.
  • Judge shall decide divorce if marriage is not established again at the end of the breaking up period given from one year to three years.

Breakdown of marriage

  • If your spouse has been living with someone as it is in wife-husband relationship, your spouse is gross defective. If also you have a fault even it is small, it is accepted that the continuity of marriage has no ground to be protected and so your objection is to abusing the right. In this case, divorce is decided.
  • If objection of the faulty party is for saving the marriage, this condition does not constitute abusing the right. In this case, lawsuit is rejected, in other words, divorce decision is not given.
  • In the divorce cases filed because of breakdown of marriage, the defendant must have at least a little fault for acceptance of the lawsuit.
  • In case of rejection of divorce lawsuit you have filed based on any of the divorce reasons, if three years have passed from the date in which the decision has been finalized and common life has not be re-established within these three years, breakdown of marriage is considered. Divorce decision shall be given upon the demand of one of the spouses.
  • Every woman has right to give birth. Since pressure of your spouse for you to end your pregnancy in case there is no medical reason contains sensational violence, you may file a lawsuit of divorce due to breakdown of marriage. In the same way, lawsuit can be filed and divorce can be demanded against women who do not want to have child.
  • For divorce decision to be given by the judge, breakdown of marriage has to be happened. It must not be expected from the spouses to live a common life. No benefit must be remained to protect in terms of the defendant and children in the marriage. Age difference is not solely a divorce reason. For age difference to be divorce reason, breakdown of marriage must have happened.
  • Even if the faulty party has the right to file a lawsuit, fully faulty spouse must not be plaintiff pursuant to the Supreme Court.
  • If there is no fault that can be referred to the defendant, divorce lawsuit filed by the fully faulty spouse due to breakdown of marriage must be rejected. The defendant must have fault even if it is small.
  • Less faulty defendant has no right to object the lawsuit filed. If objection is abusing the right, it is rejected. Rejections considered abusing the right are the objections of the one avoiding living together, objection of the one insulting, objection of the one having divorce decision from the foreign court etc. No benefit must be remained to protect in terms of the defendant and children in the marriage.

Divorce due to actual breaking up

  • Actual breaking up is an absolute reason for divorce regulated in the Civil Law. Accordingly, in case that it is decided to reject the lawsuit and three years have passed from the date in which the decision has been finalized and common life has not be re-established within these three years, breakdown of marriage is considered. Divorce decision shall be given upon the demand of one of the spouses.
  • Conditions required for divorce due to actual breaking up are as follows:
  • There must be a rejected lawsuit,
  • Rejection decision must be finalized.
  • At least three years must pass following the finalization of the rejection decision.
  • Common life must not be re-established following the finalization of the rejection decision.
  • Rejection decision given by the court conducting your lawsuit is not a finalized decision. For finalization of this decision, expiration of appealing period without appeal or approval of decision appealed by the Supreme Court is required. However, if there is waiving from the lawsuit, finalization date for the lawsuit is the waiving date. Decision against which there is no legal way to be applied is called finalized decision.
  • If there are more than one divorce lawsuit between you and our spouse, you must file lawsuit based on the lawsuit for which the condition of three years’ period has realized. For example, you filed two different divorce lawsuits on two different dates. The first one is rejected. It is not finalized and examination continues at the Supreme Court. If the second rejection decision is finalized, you must file lawsuit based on the second lawsuit.
  • Divorce lawsuits rejected due to waiving may be grounds for divorce lawsuits due to actual breaking up. Also, in this case, the start date of three years’ waiting period is the waiving date.
  • If you have benefit from using the surname of your spouse, in case that you prove that there is no harm for your spouse that you use his/her surname, it can be decided that you use the surname of your spouse by the family court upon your demand.

Divorce at foreign courts

  • The original of divorce decisions given by the foreign courts must be stamped and wet signed. Apostille must be added to the decision. Required documents:
  • Apostille or document showing that the divorce decision given by the foreign court has been finalized,
  • Turkish translation of foreign court decision. Translation must be made by certified translator and must be approved by the public notary and consulate.
  • For the divorce decision taken abroad to be enforceable in Turkey, recognition and enforcement lawsuit must be filed in the family court of Turkey.
  • For recognition and enforcement decision to be given, it is needed that the divorce has been absolutely finalized abroad. In these lawsuits, trial is not made again, it is examined whether the first trial comply with the Turkish law.
  • It is not obstacle for divorce lawsuit to be filed in Turkey that one of or both parties are not Turkish. In case that the spouses have different citizenship and if there is no habitual residence, Turkish laws are applied.

Attempting life

  • Attempting life is action that one of spouses has made to kill the other spouse. It is one of the divorce reasons regulated in the Civil Law.
  • Lawsuit must be filed within six months following being aware of the action of attempting life and within five years even if it is not found out.
  • Actions to kill the relatives of the spouse are not contained in this context; it is needed that the action is absolutely to the spouse. However, you may file divorce lawsuit due to committing crime or breakdown of marriage among the other divorce reasons.
  • In case of being a mere spectator to a danger of death, attempting life is assumed. Divorce lawsuit may be filed against the spouse who did not take her/his spouse having been heavily injured after an accident to the hospital to ensure that he/she dies.
  • For you to file a divorce lawsuit due to attempting life, action of your spouse must be to kill. So, if it is not intended to kill, violence in not in this context.
  • Even if it is expressed as serious, threatening with death does not entitle the spouse to file a divorce lawsuit due to attempting life.

Spending Disreputable Life

  • Spending disreputable life is living in a way that shall not consort with chastity, honour and pride concepts continually according to community approach. Spending disreputable life is one of the divorce reasons regulated in Turkish Civil Law.
  • In cases such as inebriation, gaming, homosexuality, being drug addict, managing brothel, it is accepted that the person spends disreputable life.
  • There is no certain period in these lawsuits; however, in a lawsuit filed after a long time following the ending of disreputable life, the possibility of rejection decision is high.
  • If it is decided that your spouse spends disreputable life and decided divorce, guardianship of the child is not given to the spouse spending disreputable life.
  • You may file a divorce or breaking up lawsuit showing spending disreputable life as a ground. Besides, if judge considers a possibility of reconciliation in a divorce lawsuit filed, he/she may decide breaking up instead of divorce.
  • You may file divorce lawsuit against your spouse being gambling addict and impoverishing your family due to spending disreputable life. The important factor here is not that the spouse is aware of it before marriage but this case makes the life unbearable.


  • While legal property was property division before 2002, after 2002, legal property has become participation to the acquired properties. So, property division shall be applied for the period between 1998 and 2002 (if no other regime is chosen) and participation to the properties shall be applied for the period between 2002 and 2005.
  • Property bought by credit together. If spouses cannot reach agreement as to at whom the property shall remain, marital property to be applied after the divorce comes into effect. If this property is participation to the properties acquired and having legal property regime, ownership shall continue to be the owner; however, that spouse must pay an amount to be calculated by the court within the provisions regarding with the liquidation of marital property to the other spouse. Credit having paid before the filing of the divorce lawsuit is considered acquired property and those having paid later are considered personal property and calculations are made according to it. After the divorce, the one having the ownership of the property shall be responsible from credit debts.
  • Legal property regime to be applied for all married spouses (if no other regime is chosen) from 1 January 2002 is the regime of participation to the properties. Acquired properties of a spouse are as follows:
  • Acquisitions from work,
  • Payments made by social security or social institution or boxes established for helping to personnel,
  • Incomes of personal properties,
  • Values standing for acquired goods.
  • Acquired good are put into liquidation and personal goods are not. Those set down are personal properties:
  • Belonging used for only personal use of one of the spouses,
  • Property values having belonged to the one of the spouses at the start of the property regime or that one of the spouses has acquired by inheritance or by acquisition without exchanger in any way,
  • Receivables of non-pecuniary damages,
  • Values standing for personal property.
  • Properties from your family are your personal property. In case of divorce, your spouse cannot make demand from the values of personal property. However, since they are considered acquired goods if these properties provide income, the spouse may demand participation receivable for the half of this part. For example, the spouse cannot demand the apartment inherited to the other spouse. However, rent income of this apartment is considered acquired good and the spouse has right to demand on this rent amount.
  • As a rule, it is accepted by the Supreme Court that jewellery given to the woman during marriage are considered donated to the woman and they are required to be returned to the woman in case of divorce. If it is not possible to return the jewellery as they were (cashing etc.), their values shall be returned. Jewellery is in the personnel property category. However, the husband is relieved from returning the jewellery in case that it is proved that jewellery has been given to the husband for any reason such as ceremony dues, honeymoon, home needs etc. and they have been cashed and spent on the approval of the woman.
  • Legal property regime to be applied for all married spouses (if no other regime is chosen) from 1 January 2002 is the regime of participation to the properties. Accordingly, for properties acquired during marriage, existence of a partnership is considered notwithstanding the legal owner. Properties acquired during marriage out of properties considered personal property participate to the share.
  • Pursuant to the Turkish Civil Code; Personal Properties are:
  • Belonging used for only personal use of one of the spouses,
  • Property values having belonged to the one of the spouses at the start of the property regime or that one of the spouses has acquired by inheritance or by acquisition without exchanger in any way,
  • Receivables of non-pecuniary damages,
  • Values standing for personal property.
  • Acquired Properties are:
  • Acquisitions from work,
  • Payments made by social security or social institution or boxes established for helping to personnel,
  • Compensations paid for incapacity to work,
  • Incomes of personal properties,
  • Values standing for acquired goods.
  • Spouses have right to choose one of the regimes, property division, hotchpot, or property partnership as well as participation to the acquired goods which is the legal property regime.

Alimony payment

  • Temporary alimony: The judge may decide alimony for the benefit of spouse and minor children before or during the divorce lawsuit.
  • Welfare alimony: The party that shall be impoverished because of divorce may demand alimony from the other party at the rate of his or her financial power independent from the time provided that sheor he is not faultier.
  • Child support: For protection, education, and training of children, it is a type of alimony required to be given by the spouse to which the guardianship of the children is not given after the divorce decision.
  • The decision of duress of imprisonment may be given against the spouse having not obeyed the decisions regarding with alimony. However, you have to start an execution proceeding in relation with your spouse. If alimony is not paid within the time in which it has be paid despite notification to the debtor and to his or her attorney, you must bring a complaint to the enforcement court at the place where you made execution proceeding. In case of decision of monthly alimony, there must be at least one month between the notification of the execution order and the complaint date.
  • Imprisonment decisions given by the enforcement courts regarding with the provisions in the Enforcement and Bankruptcy Code are called duress of imprisonment. Duress of imprisonment up to 3 months is given to the person having not fulfilled the decisions regarding with the alimony, in other words, having not paid the alimony within the time determined upon a complaint.
  • Duress of imprisonment up to 3 months is given upon complaint in case of failure to pay it whether it is temporary alimony, welfare allowance or child support.
  • If alimony is paid, imprisonment is removed. Also, even if the imprisonment is started to be applied, he or she is discharged if debtor of alimony pays its debt.
  • Decision of temporary alimony may not be given for the woman living spouse relationship as if she is married and earning her keep in this way.
  • Faultiness condition of the parties is not examined for temporary alimony. The thing aimed here is to take measure to prevent the spouse from getting into a scrape economically during the divorce lawsuit. So, it is not decided to remove alimony.
  • Temporary alimony is earned at the date on which the divorce lawsuit is filed, so the judge decides temporary alimony from the lawsuit date.
  • Even if you have suggested that you do not want, you have right to demand temporary alimony until the finalization of the lawsuit. However, the temporary alimony shall be decided from the date on which you made your demand, not from the date of lawsuit.
  • During divorce or breaking up lawsuit, the judge automatically takes required measures in the process of the lawsuit. Temporary alimony is among the temporary measures for subsistence of spouses. So, if there are its conditions, the judge shall automatically decide temporary alimony in favour of you.
  • While the court is deciding on alimony, it considers the financial power and social and economic conditions of the spouse from whom alimony is demanded. So, deciding on alimony with an amount that cannot be expected to be paid do not generally happen. If you think that the alimony determined by the court is much, you may appeal it.
  • Welfare allowance and temporary alimony may be demanded by the spouse in a difficult position even if they do not have children. In the welfare allowance, the party that shall be impoverished because of divorce may demand alimony at the rate of the financial power of the other party (provided that her or his fault is not more in the divorce). Also, if the spouse having filed divorce lawsuit is financially cad condition, the court decided that an amount should be paid as temporary alimony during the lawsuit process. Temporary alimony continues until the finalization of the decision unless otherwise decided. A decision for temporary alimony may be ex officio given by the court, however a demand is necessary for the welfare allowance.
  • In marriage, the parties have financial interests in terms of current and expected benefits. The parties forfeits from these financial opportunities upon divorce. The party who is not faulty or is less faulty has right to demand pecuniary damages from the other party who is faultier for the financial opportunities forfeited because of ending of married with the divorce. In many divorce lawsuit, personal rights of the other side are violated due to actions causing the divorce. For example, in case of domestic violence, violence is reason for divorce as well as it is a violation of personal rights of the person exposed to violence. The party whose personal rights have been violated has right to demand a reasonable amount from the other faulty party as non-pecuniary damages.
  • In case those financial conditions of the parties are changed and it is needed by equity, lawsuit may be filed to change the amount of alimony. For example, woman having not been working before starts a new job, the debtor husband may file a lawsuit to decrease the alimony amount. Or, the women may file lawsuit with the demand of increase the alimony on the grounds such that the alimony determined is not enough for the day’s condition and the needs are increased.
  • There is no certain criterion or limit in determining the amount of the alimony. The judge determines the alimony amount according to the characteristics of the actual action and social and economic positions of the parties and using his/her discretion for equity. In determining the alimony, financial power of the spouse from whom alimony is demanded is considered.
  • Alimony is automatically removed in case that the spouse taking alimony gets married or one of the spouses dies.
  • The spouse taking alimony spending disreputable life by, the spouse taking alimony relieving from poverty, The spouse taking alimony living a spouse relationship with someone without getting married (imam marriage etc.). In case of existence of one of these reasons, the alimony debtor may file a lawsuit for alimony to be removed.

Summonsuiting of witnesses to the court

  • Written notice is send to your witnesses for coming to the proceedings and witnessing by the court. For written notice, cost specified by the court must be invested to the file in advance. In this notification, place of court, proceedings date and time is noticed to the witness.
  • Witness to be close relative does not matter. The thing that matters is expressions to be right and consistent.
  • Sentence cannot be passed according to the abstract statements not having foundation or transferring the things plaintiff or defendant told and not basing on the good manners of the witnesses. Therefore, your witnesses should have information depending on the conditions witnessed absolutely by your witnesses about witnessing. Fr example, when you fight with your spouse continuously, you will show witness related that your spouse insults you, this witness should see some of your fights and hear the insults.
  • There is no number limitation by law; you may show a large number of witnesses according to the nature of the case. However, if the judge considers that there is no need to hear all witnesses, it wants you to choose 2-3 of the witnesses shown by you and hears only the witnesses you chose.
  • You should submit a letter, on which you wrote names and addresses of your witnesses are written, to the court within the period given to you by the court.

Compensation right

  • Throwing of your spouse you out of home without any justifiable reason is attack for your moral integrity to the spiritual personality. You may claim for compensation to the court.
  • Monetary damages and/or spiritual damages may be requested with the divorce suit or after divorce suit comes to conclusion. When the compensation is requested with the divorce suit, compensation may be claimed at every stage of the proceedings until the judgment will be passed. If these compensations are not requested with the divorce suit, the relevant case must be filed within 1 year from the date of final decree. With the divorce suit, your financial and/or spiritual compensation requests shall not be subjected to the legal fee and attorney’s fee shall not occur. In this case, only fee and prices related to the divorce are in question. In cases with claim for damages to be filed after the divorce suit, to mention your compensation claims with the divorce suit is beneficial because relative fee and attorney’s fee shall be in question.
  • When amount of financial compensation is being determined, matters such as woman’s age and marriage chance, average life period, justice principle, whether or not financial support is possible to be met in another way, purchasing power of the money, the weight of failure, social and economic situatons of the parteis shall be taken into consideration. Social and economic situations of the parties, purchasing power of money, the weight of the action causing the spiritual damages shall be taken into account when spiritual damages are being determined.


  • Humiliating speech of your spouse injuriously near other people about you gives you the right to file for divorce due to indignity. In order to be able to file for divorce due to indignity, behavior should be very serious and heavy. Family court decides whether the behavior is degrading or not by examining the characters of spouses, social situations etc.
  • You may sue for divorce to your husband or wife due to the indignity because he or she insulted you. After the insults of your husband or wife, your behavior as if nothing happened shall be accepted as implicit forgiveness before the court so that forgiver party cannot sue for divorce by depending on the reason of indignity. For this reason, if you want to divorce, you must act in the way that insults of your husband or wife to you thereafter will occure amnesty provisions.

Divorce due to perpetration

  • Theft and Fraud, Falsification are depreciative offenses. Therefore you may sue for divorce due to depreciative perpetration to your husband or wife. However, the crime must be perpetrated after the marriage in order to depend on this reason.

Imposing interim injunction

  • Partners may request to impose interim injunction on the goods in the event that the right acquirement is significantly getting difficult or it is worried about becoming wholly impossible due to a change, which may occur in present situation while suit for divorce continues or damage may occur due to delay.
  • Interim injunction may be given about real estates, motor vehicles, bank accounts etc. Interim injunction request may be requested from authorized court before the suit for divorce is sued. In consideration of another probability, Interim injunction may be requested from the court being place of action after divorce is sued.
  • Interim injunction continues until the final decision finalizes.
  • If you are subjected to violence from your husband or wife, you have right to apply to the Family Court within the scope of Law depending on Protection of Family numbered 4320.
  • The Judge may enact one or several or the whole of the injunctions specified below by examining the qualifications of the case:
  • Non acting of faulty husband or wife in behaviors for violence or threatening
  • Conducting of the faulty husband or wife away from common house
  • Allocating the family house to the husband or wife being subjected to violence and their child
  • Not approaching of the husband or wife using violence,
  • Damaging of the husband or wife, who is using violence, to the household goods,
  • Non disturbance of the husband or wife using violence through means of communication.
  • Delivering of weapon and similar means of the husband or wife using violence to the police.
  • Non-coming of the husband or wife using violence as he or she used any drug or alcoholic substance.

Using Violence

  • Violence is the ground for divorce pursuant to the civil law.  However, the forgiver party does not have to sue for divorce depending on this matter.
  • The grounds related to the breakdown of marriage off its foundation are: Emotional violence, economic violence, visual violence, sexual violence, social violence and physical violence
  • When the wife or the husband causes you to quit your job knowingly and willfully, this situation is economic violence. Therefore, you may sue for divorce by depending on the reason of breakdown of marriage off its foundation.
  • Dealing of your husband or wife with his or her family is the need of the marriage. The lack of interest of your husband or wife is emotional violence and the ground for divorce. Therefore, you may sue for divorce by depending on the reason of breakdown of marriage off its foundation.
  • Due to extreme jealousy of your husband or wife, secluding you with nobody is the emotional violence. Therefore, you may sue for divorce by depending on the reason of breakdown of marriage off its foundation.

Custody of Children

  • Judge takes into consideration the interest of child while deciding the custody.
  • When deciding custody, to protect the child and to provide child to be damaged as little as possible from divorcing of parents is essential. The party receiving the custody of child must be in position to meet training of child and needs of child in social life
  • In practice, the custody of the younger child is given generally to the mother. The reason of this is that the child needs much the attention and affection of maternal care. According to the situation, if judge appreciates that the father will fulfill his responsibilities arising from custody better than mother; it gives the custody to the father.
  • The child, who is in the age of comprehension, should be heard by the court and the idea of child should also be asked by the court.
  • While family court organizes the custody matter, it will absolutely investigate the health status of the parents. If your partner is addicted to alcohol, report shall be received from family system specialists in this issue. This report shall be used as evidence in the court.

For more detailed information, please send an e-mail to info@baykurthukuk.com.tr