While the divorce rates are increasing every year, the most common reason for divorce in practice; The "disinterested treatment" of spouses to each other, which we call divorce due to severe incompatibility and which is legally dependent on the reason why the marriage union is shaken to its foundation.
According to the evaluation, it shows that the spouses distanced themselves from each other during the continuation of the marriage union and the marriage came to the breaking point by acting indifferently. Being indifferent, which is the most common reason for divorce, appears in the form of emotional violence. Experts state that after the spouses cut off communication with each other, they were also exposed to silent violence at home.
“Those who want to divorce must prove that they cannot live under the same roof”
Bilgehan Utku, Founding Partner of Utku Mil Law Firm and Divorce Lawyer, evaluated the most common reasons for divorce in recent years. Pointing out that marriages made under the supervision of a marriage officer can only be terminated by a court decision when the reasons for divorce specified in the Turkish Civil Code emerge. Bilgehan Utku shared the following information: “The reasons for divorce in legal regulations are handled under two headings, in general and in particular. When these reasons arise, spouses can file for uncontested or contested divorce. While the cases are finalized by the decision of the judges serving in the family court, there are some rules that are different from other cases in these cases.”
Hunting. Bilgehan Utku said, “Among the general divorce reasons, reasons such as incompatibility, violence, insults, differences of opinion, and distrustful behaviors come to the fore. In the category of special divorce cases, situations such as cheating, adultery, intention to life, dishonorable acts, committing a crime and leaving the house can be counted. Private divorce reasons can be considered as more understandable and more concrete reasons. However, these are actually the situations that shake the marriage to its foundation. On the other hand, in general divorces, which have more relative reasons in terms of effect, even if the existence of the event that disrupts the foundation of the marriage is proven, a divorce decision may not be made in the court. In such a case, the spouses must clearly state that they cannot maintain a common life under one roof. It is at the discretion of the judge whether or not to give a divorce decision by evaluating all these reasons.
"Contracted divorce case cannot be filed before one year is up"
Utku Mil Law Firm Co-Founder and Divorce Lawyer Bilgehan Utku emphasized that the reasons given as grounds for divorce can affect the type of divorce case and the litigation process, and said, “For example, a couple who decides to divorce for reasons such as disinterested behavior or dishonorable acts can get divorced in a short time by mutual agreement. Controversial lawsuits may be the case for reasons such as violence, intention to life or cheating. This distinction depends entirely on whether the couples can meet on a common denominator or not. In addition, at least 1 year must have passed since the date of marriage in order for the uncontested divorce case to be opened. Otherwise, an uncontested divorce case cannot be filed.
Hunting. Bilgehan Utku concluded his words as follows: “Contractual divorce cases can be concluded at the first hearing with a Divorce Protocol to be attached to the petition. At this point, couples should clearly state that they have reached a decision on issues such as custody, alimony and assets in the Divorce Protocol. Contested divorce cases, on the other hand, have the potential to take a little longer, as long as 5 to 6 hearings. Each session is held every 3 to 4 months. Accordingly, it can be said that contentious divorce cases are concluded in an average of one and a half years. Here, I recommend that the spouses focus on the result, not the speed. The last regret is useless. They should focus on their cases by getting legal support from their experts so that the loss of rights can be prevented. Otherwise, it's fast ending but; If you have been liable for material and moral compensation, have been liable for alimony, have lost custody, given gold, and have been sentenced to a large amount of compensation, the early conclusion of the case will not bring you any benefit.”