{"id":7812,"date":"2022-02-07T09:00:00","date_gmt":"2022-02-07T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=7812"},"modified":"2022-02-10T19:40:32","modified_gmt":"2022-02-10T16:40:32","slug":"bosanma-davasinda-kusur","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/bosanma-davasinda-kusur\/","title":{"rendered":"Fault in Divorce Cases"},"content":{"rendered":"
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Fault in Divorce Cases<\/figcaption><\/figure><\/div>\n\n\n\n

Fault in Divorce Cases \u2013 Lawyer in Izmir<\/strong><\/p>\n\n\n\n

Divorce grounds are categorized into specific and general grounds in our law. Adultery, attempted murder, severe mistreatment, mental illness, abandonment, criminal activity, and leading a dishonorable life are examples of specific grounds. If specific grounds exist, the divorce case must be filed on those grounds. This is one of the most common mistakes in practice. It is a procedural error for a spouse who has experienced violence or infidelity to file for divorce citing the fundamental breakdown of the marriage as the reason. Because, in the case of specific grounds, many things such as social investigation reports (surgical reports), assault reports, photographs and videos, mobile phone operator records, etc., must be included as evidence in the case, and the fault of the other party must be proven. Determining fault is crucial for many issues, from alimony to compensation. To read our article on the fundamental breakdown of the marriage, click here. here<\/a> <\/mark>You can click.<\/p>\n\n\n\n

The importance of fault in a divorce case is evident primarily in the acceptance of the divorce proceedings, as well as in claims for material and moral damages and alimony. For example, Civil code <\/a>According to Article 175, "The party who will fall into poverty due to divorce, provided that their fault is not more severe, may request alimony from the other party indefinitely, in proportion to the other party's financial capacity." Therefore, if either the woman or the man is more at fault, alimony is not awarded. However, according to Article 174 of the Civil Code, "The innocent or less culpable party whose existing or expected interests are harmed due to divorce may request appropriate material compensation from the culpable party." In other words, material compensation is not awarded to the spouse who is more at fault. If both parties are equally at fault, moral compensation cannot be awarded. As can be seen, proving fault is crucial for alimony and compensation.<\/p>\n\n\n\n

In custody matters, the best interests of the child are paramount, and fault is not considered. For example, custody may be granted to a woman who has cheated on her husband or to a prostitute if it is in the child's best interest. Furthermore, the court may order the payment of alimony to a spouse whose economic situation has deteriorated due to divorce. However, as mentioned, this requires the spouse to be blameless or less at fault.<\/p>\n\n\n\n

The law does not specifically list the circumstances considered as fault, but according to Supreme Court rulings, many behaviors that offend public conscience have been deemed as fault. Examples of faulty behaviors are given below:<\/p>\n\n\n\n

Faulty Conduct in Divorce Cases (Examples from Supreme Court Decisions)<\/p>\n\n\n\n