Family, Divorce and Child Rights in 10 Questions — Atty. Gizem Gonce

The lack of transparency on economic matters within the marriage union can affect the relationship of trust between spouses, depending on the characteristics of the concrete case. A spouse hiding their income, not participating in family expenses, or making common life economically difficult can be the subject of fault evaluation in a divorce lawsuit.

However, hiding bank accounts does not constitute a ground for divorce on its own in every case. In addition, fault evaluation in divorce and the liquidation of the property regime are different legal processes. Bank records and asset movements must be examined in accordance with the legal conditions of the relevant lawsuit.

The marriage union is based on the responsibilities of mutual respect, loyalty, solidarity, and living together of the spouses. One spouse allowing their family to constantly interfere in the marriage and the other spouse being subjected to psychological pressure due to this can be the subject of fault evaluation in a divorce lawsuit, depending on the characteristics of the concrete case.

What is important here is not only the behavior of the elders of the family, but also the attitude exhibited by the spouse against these interferences. Interferences showing continuity, humiliating behaviors, and the insupportability of joint life must be evaluated together.

Details of the topic: How to File a Divorce Lawsuit? Competent Court, Evidence, and Demands.

The evaluation of phone records as evidence in divorce lawsuits depends on the type of record and how it was obtained. Call and message traffic information and message contents do not have the same legal nature.

Acquiring individuals' communication contents unlawfully can create serious problems regarding the privacy of private life and freedom of communication. Unlawful evidence cannot be taken into account in court as a rule. Therefore, instead of examining one's spouse's phone without permission or accessing private correspondence, lawful methods of collecting evidence should be preferred.

The existence of a marriage relationship between spouses does not mean that one person can track the other's location indefinitely. Continuous tracking of a person without their knowledge and consent through phone applications, tracking devices, or account accesses may bring up crimes of unlawful processing of personal data, violation of the secrecy of communication, or stalking, depending on the characteristics of the concrete case.

The purpose, method, duration of the tracking, and its impact on the individual's freedom must be evaluated. There are legal and criminal application paths against behaviors that interfere with a person's private life.

The change of a child's surname is evaluated within the framework of the best interests of the child and the provisions of the Turkish Civil Code. The fact that custody was given to the mother after the divorce does not ensure that the child's surname automatically turns into the mother's surname.

The age of the child, social environment, identity development, relationship with parents, and characteristics of the concrete case are important in the surname change request. The court makes a decision based on the best interests of the child. It is not possible to say that the same result will emerge in every case.

The right of the parent who does not have custody after the divorce to establish a personal relationship with the child can be regulated by a court decision. The parent holding the child arbitrarily preventing this relationship may produce legal consequences.

In the enforcement of decisions on personal relations with the child, the special non-enforcement system regarding child handover and establishment of personal relations introduced after Law No. 7343 is important. Applications are carried out through Judicial Support and Victim Services directorates. The process must be carried out by observing the best interests of the child and with expert support.

Which spouse will use the family residence during the divorce process can be regulated by provisional injunction decisions of the court. Within the scope of Article 169 of the Turkish Civil Code, the judge can take necessary precautions regarding the housing of spouses while the lawsuit is ongoing.

After the finalization of the divorce decision, the ownership of the property, lease relationship, property regime, and other legal rights, if any, are taken into account. The fact whose name the residence is registered under in the title deed does not solve all usage problems on its own. Especially the housing need of children and the economic conditions of the parties are important.

One spouse cannot, as a rule, be held responsible for the personal debts of the other spouse solely because of marriage. In the Turkish Civil Code, it is accepted as a basic principle that spouses are personally responsible for their debts.

However, different results may arise in situations such as a spouse guaranteeing a joint debt, using credit together, or entering into a joint debt relationship. In addition, special regulations regarding the family residence must also be taken into account. Therefore, on which date and under which legal relationship the debt arose is important.

Crypto assets are economic values that can be important in terms of the liquidation of the property regime after divorce. One of the spouses hiding cryptocurrency investments from the other does not change the nature of these assets within the property regime.

The date of marriage, property regime, time of acquisition of the asset, source of financing, and whether it has the character of personal property must be evaluated. Digital wallet movements, exchange accounts, and bank transfers can bear the quality of evidence. However, this data must be accessed through lawful means.

Grounds for divorce are regulated in the Turkish Civil Code as general and special grounds for divorce. The breakdown of the marital union is a general ground for divorce. In addition, adultery, attempt on life, very bad or degrading behavior, committing a crime and leading a dishonorable life, abandonment, and mental illness are among the special grounds for divorce.

Each of the special grounds for divorce has its own unique conditions and, for some of them, forfeiture periods. Therefore, when filing a divorce lawsuit, it is necessary to correctly determine which legal cause the events will be based on.