Divorce Case Due to Emotional Abuse

Is Divorce Due to Emotional Abuse Possible?

Divorce due to emotional abuse grants the spouse experiencing psychological pressure the right to file for divorce. If one spouse constantly insults the other, the relationship suffers. If the other party displays a belittling attitude, trust diminishes. A spouse who is constantly accusatory weakens the marriage bond. Therefore, one of the spouses may file for divorce.

The Turkish Civil Code regulates the right to divorce. If the marital relationship is severely damaged, spouses may apply to the court. Furthermore, intense psychological pressure seriously shakes the union of marriage. For this reason, the judge takes the divorce request into consideration.

How Is the Marriage Union Shaken?

Article 166 of the Turkish Civil Code grants spouses an important right. If spouses are no longer able to maintain their common life, they may file for divorce.

Constant insults disrupt peace. Derogatory remarks diminish trust. Oppressive behaviors wear down the relationship. In addition, a lack of affection weakens the emotional bond.

Some spouses exhibit intense jealousy. Some individuals isolate their partners from their social circles. Sometimes one of the parties is constantly critical. Consequently, these behaviors create significant pressure on the marriage.

Does Emotional Abuse Violate the Obligation of Loyalty?

Article 185 of the Turkish Civil Code imposes an obligation of loyalty on spouses. Spouses must support each other. The parties must maintain their common life together.

However, some behaviors disrupt the order of the marriage. A spouse who constantly humiliates the other wears them down. A person who exerts intense pressure causes harm to the relationship. Additionally, loveless attitudes weaken the marriage bond.

For example, if one spouse is constantly accusatory, the other spouse feels psychological pressure. Furthermore, if one party avoids communication, the marriage is damaged.

What Are Emotional Abuse Behaviors?

The court examines the events in every case individually. However, some behaviors occur frequently:

• Constant insults
• Using derogatory language
• Constant accusations
• Displaying an oppressive attitude
• Isolating from the social circle
• Being indifferent
• Leaving the spouse alone

These behaviors weaken the marriage bond over time.

How Does the Court of Cassation Approach Emotional Abuse?

The Court of Cassation considers psychological pressure an important ground for fault. If a spouse makes the common life unbearable, the possibility of divorce strengthens.

For example, in some cases, the Court of Cassation finds the party exerting intense pressure to be at fault. Furthermore, courts assign more responsibility to a spouse who avoids living together.

Therefore, the behavior of the parties directly affects the outcome of the case.

Conclusion

Divorce due to emotional abuse provides a strong legal avenue for a spouse experiencing intense psychological pressure. Constant insults, belittling, lack of affection, or oppressive attitudes seriously weaken the marriage bond. For this reason, spouses should carefully evaluate the circumstances of the event.

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