The spouse who has right to bring a divorce case may demand judicial separation. The judge may also order judicial separation if there is a possibility that the spouses could live together in the future. Judicial seperation may be obtained on almost on the same grounds of divorce and the court relieves the petitioning spouse from the duty of cohabitation.
The Consequences of Divorce
There are many legal consequences of divorce. Some of them are personal in nature: The wife will have her own independent domicile, while the both spouses keep the majority acquired by marriage. The wife resumes maiden name. She may however keep the family name of the husband if she convince the court that it will not damage to her husband. She can also preserve the nationality which has acquired during the marriage. Also the court can decide alimony to the spouse for indefinite time period. Unlike USA, there is no joint custody in Turkey, therefore custody must be granted to one of the spouse which is convenient for custody of the child.
ABOUT THE AUTHOR: Gökhan Cindemir
He graduated from Anatolian High School of Karadeniz Eregli, after his graduation he studied in Belgium with AFS intercultural exchange program. He obtained his law license degree from Marmara University of Law Faculty. During his university education, he participated in Philip C. Jessup International Law Moot Court Competition on behalf of the Marmara University. After his admission to Istanbul Bar Association in 2009, he obtained master degree (LL.M) from Gent University / Belgium in the field of European and Comparative law. His master research was about Freedom of Establishment In Relation With Turkey and EEC in the frame of Ankara Agreement. He is specialized in International Private Law, European Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicitor, barrister.