FAMILY LAW
DIVORCE II
DIVORCE II
• Special reasons for divorce 2:
• Commiting a humiliating crime and leading a dishonorable life
• Desertion
• Mental illness
• General reasons of divorce 1:
• introduction
DIVORCE II
• Commiting a humiliating crime and leading a dishonorable life
• These are relative divorce reasons.
• In these cases, the judge will searcch whether the marital union is damaged/collapsed or not.
• They are stated as divorce reasons in art 163 of TCC.
• The conditions of these reasons cannot be changed by the parties’
wills.
DIVORCE II
• Commiting a humiliating crime
• As it can be undestood clearly, not all crimes can constitute a divorce reason.
• Only a humiliting crime can be a divorce reason.
• The humiliating level of the crime will be understood from the society’s view to that crime.
• The punishment for this crime is not important.
• This crime should be commited after the marriage, during the marital union.
DIVORCE II
• Leading a dishonorable life
• As the code states this reason as a «lifesytle», the act of having a dishonorable lifestyle should have a duration and continuity.
• Generally, the businessees which are not accepted by the society, having an drug addiction or alcholism considered as leading
dishonorable life.
• This type of life can exist before the marriage. The important part is
that this lifestyle should exist during the marital union.
DIVORCE II
• Desertion
• Desertion is regulated in art 164 of TCC.
• It is an absolute divorce reason. Therefore, when the conditions of the desertion is set, the judge must decide to divorce.
• In general terms, it is the will of the one spouse to end the conjugal life
unilaterally.
DIVORCE II
• In case a spouse leaves the conjugal life place in order not to fullfill his/her obligation or doesn’t return the nojugal lifeplace without a
justified reason, this action will be considered as desertion if it lasts at least 6 months.
• The one who forces the other spouse to leave the conjugal lifeplace is also considered a deserter.
• There are also time limits to opern a divorce suit based upon desertion.
DIVORCE II
• Mental illness
• According to art 165 of TCC, if a spouse has a mental illness and because of that the conjugal life is unberable for other party, if the uncurability of the mantal illness is proven with a medical report, the spouse can open a divorce file against the ill spouse.
• For that, the mental illness should exist during the marital union.
• There isn’t any time limit.
• This is a relative divorce reason, the judge will search the unberability of the conjugal life for a spouse because of the mental illness.
