Divorce Lawsuit Due to Dishonorable Conduct
You can easily access all the information you are curious about regarding divorce lawsuits due to dishonorable conduct on the Izmir Divorce Lawyer website. If one of the spouses exhibits severe dishonorable conduct during the marriage, one of the special grounds for divorce regulated under Article 162 of the Turkish Civil Code (TMK) is deemed to have occurred. Based on such conduct, a lawsuit may be filed due to dishonorable behavior. In the filed lawsuit, the spouse at fault is deemed to be grossly at fault. In summary, in cases of dishonorable conduct, it is required that one of the spouses deliberately attacks the honor and dignity of the other spouse in written or verbal form. During the proceedings, the judges assigned to the case will accept all concrete evidence related to the incident. You may contact expert Izmir lawyer offices to have the validity of your evidence reviewed. In these cases, the judges will examine the evidence related to the dishonorable conduct and will not deal with issues related to the continuation of the marital union. If a dishonorable act is committed by one of the spouses, the judges will inevitably grant a divorce. If the person who has been subjected to dishonorable conduct forgives their spouse during the proceedings, the case will be concluded. If you want your divorce case to be handled by reliable hands, you may apply to Izmir Lawyer offices.
What Is Dishonorable Conduct?
Under this heading, you can find all the explanations you are curious about regarding Court of Cassation decisions on divorce due to dishonorable conduct. During disputes between spouses, dishonorable conduct offenses may sometimes be committed. Examples of such conduct include profanity, insults, humiliating statements, and defamatory posts or messages. In addition to these behaviors, acts such as adultery and slander are also considered dishonorable conduct.
Adultery by a Spouse on the Verge of Divorce
Another important criterion in this context is that adultery offenses may also be evaluated within the scope of this lawsuit. According to previous decisions of the Court of Cassation, if one of the spouses who is in the process of divorce engages in sexual relations with another person, this constitutes a ground for divorce under Article 162 of the Turkish Civil Code. Moreover, interactions other than adultery have also been characterized as dishonorable conduct in Court of Cassation decisions.
Insults and Slander Directed at Honor and Dignity
Insults and slander committed within the framework of disputes and dishonorable conduct between spouses also constitute grounds for divorce before the Court of Cassation. For example, if one spouse tells others that the other spouse is living an immoral life, the court may grant a divorce based on dishonorable conduct. If you are facing such a situation, you may apply to our Izmir Divorce Lawyer office. Our expert lawyers will closely follow all your procedures.
What Are the Conditions for Divorce Due to Dishonorable Conduct?
The relevant matters for filing divorce lawsuits due to dishonorable conduct are regulated under Article 162 of the Turkish Civil Code.
Conditions for Divorce Due to Dishonorable Conduct
- If one of the spouses proves that the other has attempted against their life or has treated them badly, they may file a lawsuit.
- If one of the spouses is subjected to dishonorable conduct by the other spouse, they may file a divorce lawsuit.
- If approximately 6 months pass after the party entitled to file the lawsuit learns of the ground for divorce, the right to file a lawsuit is lost.
- A person who forgives the offense committed against them loses the right to file a lawsuit.
- The dishonorable conduct subject to the lawsuit must be of a severe nature.
If you are facing such a situation, you may consult Izmir Lawyer offices.
What Is Severe Dishonorable Conduct?
In divorce cases based on dishonorable conduct, if one party is found to have gross fault, the conduct is deemed to be dishonorable. Although this is not a separate type of lawsuit, evaluations are made in accordance with Court of Cassation decisions on divorce due to dishonorable conduct. During the trial, the fault assessment of the parties will be made based on the evidence you present. The judge assigned to the case determines the responsibilities of the spouses according to the place and time of the incident. If the judge determines that severe dishonorable conduct has occurred, the judge may terminate the marriage.
Which Behaviors Are Considered Dishonorable Conduct?
- It is not necessary that the acts committed meet all the elements of the crimes of insult and defamation regulated under the Turkish Penal Code, or that they constitute a crime under criminal law. In addition, in divorce cases, previous Court of Cassation decisions on which the cases are based and the procedures in criminal cases are also taken into consideration.
- The malicious conduct must have been committed deliberately and with the intent to humiliate, belittle, or demean. However, behaviors exhibited momentarily due to anger during a fight between spouses, or analogies made jokingly, are not considered dishonorable conduct by the court.
- The spouse who exhibits severe dishonorable conduct must have acted knowingly and willingly, and must have the capacity for fault.
How Is Dishonorable Conduct Proven?
Disgraceful behavior and dishonorable conduct are among the special grounds for divorce in our civil law and constitute absolute grounds for divorce. Therefore, in a divorce lawsuit filed on this basis, it is sufficient to prove only this ground. In other words, the spouse seeking divorce does not need to prove that the foundations of the marriage have been shaken. Proof of the existence of one or more of the grounds listed in the article is sufficient for a divorce decision. For example, if a spouse sends a WhatsApp message containing serious insults, this constitutes evidence of dishonorable conduct. If the spouse proves this ground, there is no need to investigate or prove whether the marital life has become unbearable, because in such cases it is not expected that the spouses continue their marital union.
Which Court Is Competent and Authorized in Such Cases?
The courts competent to hear divorce cases are the family courts. If there is no family court in the region where the spouses reside, the competent courts are the civil courts of first instance. The authorized court is the court of the place where either of the parties has resided for 6 months. If you have been subjected to dishonorable conduct, an Izmir divorce lawyer is recommended. Divorce lawyers in Izmir continue to perform their duties effectively.
In this content, we have provided detailed information about filing a Divorce Lawsuit Due to Dishonorable Conduct. If you intend to file a divorce lawsuit against your spouse, you may work with an Izmir divorce lawyer. The Izmir divorce lawyers who will serve you consist of recommended and experienced legal teams. In addition, our expert lawyers will closely assist with the evidence to be submitted in the cases.