Divorce can be an emotionally challenging process, especially when you are an expat in a foreign country like Turkey. Understanding the legal grounds for divorce can significantly affect the outcome of your case, and it is crucial to know the differences between special and general causes as defined by Turkish law.
Introduction
For expatriates considering divorce in Turkey, it is essential to grasp the distinctions between special and general grounds for divorce. This article breaks down these categories, explains their implications, and offers practical guidance for creating a strong case.
Special Divorce Grounds (Mutlak Boşanma Sebepleri)
Definition and Examples:
Special grounds for divorce, also known as mutlak boşanma
sebepleri, include specific reasons recognized by Turkish law
that allow a party to proceed without needing to demonstrate mutual
fault. Some common examples include:
- Adultery (Zina): If one spouse engages in an extramarital affair—evidenced by digital records, photographs, or witness testimony—this can serve as a strong basis for divorce.
- Intentional Harm or Life-Endangering Behavior: When one spouse deliberately endangers the life or safety of the other.
- Severe Misconduct: Actions that fundamentally destroy the marital bond and make reconciliation impossible.
When filing for divorce based on these special grounds, the evidence required is generally one-sided, meaning you only need to prove that the severe misconduct occurred.
General Divorce Grounds (Ortak Hayatın Temelinden Sarsılması)
Definition and Explanation:
General grounds for divorce refer to situations where the marriage
has deteriorated to the point that continuing the relationship is
no longer feasible. This includes:
- The irretrievable breakdown of the marriage.
- Persistent conflicts and communication failures between spouses.
- Behaviors that, while not extreme enough to qualify as special grounds, still erode the foundation of the marital relationship.
In divorce cases based on general grounds, both parties usually bear the burden of proving that the marriage has fundamentally collapsed. This often requires substantial and corroborative evidence from both sides.
Legal and Practical Implications
Burden of Proof:
- Special grounds require you to clearly demonstrate that the severe misconduct occurred.
- General grounds necessitate evidence from both spouses that the marriage has irretrievably broken down.
Impact on Legal Outcomes:
- The chosen grounds can affect negotiations regarding asset division, alimony, and child custody.
- Certain grounds, such as adultery, come with specific statutory deadlines (for example, a six-month period after the wrongdoing is discovered), which can limit your filing window.
Conclusion
Whether your case is founded on special or general grounds plays a pivotal role in shaping the outcome of your divorce proceedings in Turkey. For expatriates, understanding these distinctions—and their implications for evidence and legal strategy—is essential. If you find yourself navigating these challenging issues, consulting with a bilingual family lawyer experienced in international divorce cases is highly recommended.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
