FAMILY LAW
DIVORCE 1
DIVORCE 1
• Introduction
• Reasons of divorce 1
• Adultery
• Attempt on life, grave assults or insults
DIVORCE 1
• Introduction
• The general reason for ending a marraige in case both spouse are alive is the divorce.
• The divorce will ocur with the judge’s decision. In other words, without a court decision, noone can get divorced.
• For judge can give a divorce decisioni one of the parties should open a case against the other spouse.
• The divorce ddecision should be made on one of the reasons stated in code.
DIVORCE 1
• Reasons for divorce
• The reasons for divorce are reasons on which a judge give a decision of divorce.
• They are stated in TCC and these are numerus clausus reasons.
• They are classified in two parts:
• General reasons and special reasons.
• In general reasons of divorce, the judge will choose whether the divorce is needed, however in special reasons, if the reasons is existing, the judge must decide to a divorce.
DIVORCE 1
• Special reasons for divorce are
• Adultery,
• Attempt on life, grave assaults or insults,
• Commiting a humiliating crime and leadinga dishonorable life
• Desertion
• Mental illness
• In all thses cases, differently than the general reasons, the judge will not consider whether the parties thinks that the marriage is unbearable for them or htere exist a rupture of conjugal relations.
DIVORCE 1
• Adultery
• Adultery is stipulated in the art 161 of TCC.
• Adultery is defined as «a spouse, while the marital union is continuing, having a sexual relationship with someone else intentionally.»
• As it can be understood from the defnition, the spouse should have intention.
• One time sexual relationship is enough to be considered for a divorce reason.
DIVORCE 1
• The adultery can be seen aas a divorce reasons while the marriage is valid.
• The adultrey can be proven in all proofs possible. A criminal court’s decision can be seen as a proof for adultery.
• The adultery cannot be taken as a divorce reason in case the spouse didn’t opened its süit in time or forgives the counterpart.
DIVORCE 1
• Attempt on life, grave assaults or insults
• It is stipulated in art 162 para 1 as a divorce reason.
• Attempt on life is the desire of a spouse to kill the other spouse.
• Grave assaults are attack of a spouse to others body and health.
• In these cases, judge will take a decision of divorce.
