Divorce Lawyer in Istanbul

Divorce Lawyer in Istanbul

Divorce due to the breakdown of the marital union

In our country, divorce requests, which are frequently the subject of divorce cases, are based on the grounds of marital discord (severe incompatibility), which is one of the general grounds for divorce.

According to Article 166 of the Civil Code;

"If the marital union is fundamentally shaken to such an extent that it is no longer expected for the spouses to continue living together, either spouse may file for divorce.".

In the situations mentioned in the paragraph above, if the plaintiff's fault is more severe, the defendant has the right to object to the lawsuit. However, if this objection constitutes an abuse of right and there is no longer any benefit worth protecting for the defendant and the children in the continuation of the marriage, a divorce may be granted.

As you can understand from the relevant law, two conditions are required for a judge to grant a divorce: "the marital union has been fundamentally shaken" and "the cohabitation has become unbearable," and both conditions must be present simultaneously in a financial matter. The first condition, that the marital union has been fundamentally shaken, requires that there be "incompatibility" and/or "disagreement" between the spouses, and this incompatibility and/or disagreement must be "serious" and "strong" to the extent that it fundamentally shakes the marital union.

It is also a rule that the discord and/or disagreement between the spouses must have made their shared life unbearable, which is the second condition.

The grounds for divorce in question are not based on deficiencies. A divorce case can be filed even if both spouses are deficient or if neither spouse is deficient. However, according to the relevant provision, if the plaintiff's deficiency is more serious, the defendant has the right to object to the lawsuit.

Although the right to file for divorce is granted on the basis of fault, according to case law, if the plaintiff is completely deficient, the defendant has no deficiencies whatsoever, and the defendant objects to the lawsuit, the divorce case should be dismissed. In other words, for a divorce to be granted if the defendant objects, the defendant's deficiencies, however minor, must be sufficient evidence of their inadequacy.

As you can understand from the relevant legal article, for a divorce to be granted, the objection of the spouse with lesser defects must constitute an abuse of rights, and there must be no benefit left for the defendant and the children in the continuation of the marriage that is worth protecting. In other words, the mere objection of the spouse with lesser defects and the determination of this fact is not sufficient on its own for the divorce case to be dismissed.