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Aile Hukuku — Is Severe Incompatibility a Ground for Divorce?
ARTICLE
8 Eylül 2026Av. Eray Karınca

Is Severe Incompatibility a Ground for Divorce?

Everyday language calls it “severe incompatibility”; under the current Turkish Civil Code it is assessed as irretrievable breakdown of the marital union. TMK Art. 166/1 requires that common life has deteriorated so far that the spouses cannot be expected to continue it. Naming the phrase in a petition is not enough; the underlying events and evidence must be set out in concrete terms.

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Aile Hukuku — Is Desertion a Divorce Ground? Warning, Time Limits and Case Preparation
ARTICLE
8 Eylül 2026Av. Eray Karınca

Is Desertion a Divorce Ground? Warning, Time Limits and Case Preparation

Desertion is a specific divorce ground under TMK art. 164. Leaving in order not to fulfil marital duties, or not returning to the common home without just cause, a continuing separation of at least six months and a judge’s or notary’s warning that has remained without result are required. The warning cannot be requested before the fourth month has expired; after the warning a two-month return period must also be completed.

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Aile Hukuku — If a Removal Order Is Breached: Reporting, Documents and Continuing Protection
ARTICLE
8 Eylül 2026Av. Eray Karınca

If a Removal Order Is Breached: Reporting, Documents and Continuing Protection

If a removal order or another measure under Law No. 6284 is thought to have been breached, safety comes first; in continuing danger, help should be sought via 112. The order and the facts of the incident are reported to the police or the competent judicial authority. Coercive detention and additional protective measures are handled by the competent authority in light of the order’s scope and the circumstances.

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Aile Hukuku — Registration, Recognition and Enforcement in Turkey After a Foreign Divorce
ARTICLE
8 Eylül 2026Av. Eray Karınca

Registration, Recognition and Enforcement in Turkey After a Foreign Divorce

Having divorced abroad does not in every case mean that the Turkish civil-registry record changes of its own accord. Where the conditions are met, a foreign decision may be entered in the family register by administrative application; otherwise recognition or enforcement is considered. Entering the divorce in the register and implementing maintenance, compensation and child-related rulings in Turkey are separate matters.

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Aile Hukuku — Can a Property Share Be Reduced in Divorce for Adultery or Attempt on Life?
ARTICLE
8 Eylül 2026Av. Eray Karınca

Can a Property Share Be Reduced in Divorce for Adultery or Attempt on Life?

In a divorce for adultery or attempt on life, the judge may reduce or remove the at-fault spouse’s share in the surplus according to equity. This possibility under TMK art. 236/2 does not operate automatically and does not mean that the at-fault spouse loses all property. The legal ground of the divorce, the applicable matrimonial-property regime and the type of claim sought must be examined together.

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Aile Hukuku — How Is Adultery Proven? Is It a Crime, and Which Evidence May Be Used?
ARTICLE
8 Eylül 2026Av. Eray Karınca

How Is Adultery Proven? Is It a Crime, and Which Evidence May Be Used?

Adultery is not a separate offence in the Turkish Penal Code; it is a specific divorce ground under TMK art. 161. An adultery allegation must be proved with lawfully obtained evidence. Direct imagery is not required; depending on the facts, witnesses, records and mutually supporting circumstances are assessed together. Suspicion, messaging or a single record is not enough on its own in every case.

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