SEPARATION
Separation is a concept introduced into the legal system by Catholic law and emerged as an alternative to divorce. It has been considered in countries where divorce is not possible due to the characteristics of the Catholic religion. The marriage does not end with the separation decision, but the spouses are allowed to live separately.
TMK MD 170: In divorce or separation proceedings, if the grounds for divorce are proven, the judge will grant a divorce or separation decree. However, if the plaintiff spouse has requested separation, the judge cannot grant a divorce decree. If the case concerns divorce, separation can only be decreed if there is a possibility of the spouses resuming their life together.
TMK MD 171: Separation may be decided for a period of 1 to 3 years. This period begins when the separation becomes final. (Minimum 1, maximum 3 years) Since the separation decision does not terminate the marriage, the spouses’ responsibilities continue.
TMK MD 172: When the period expires, the separation automatically ends. If the joint life cannot be reestablished, either spouse may file for divorce. When determining the consequences of divorce, the facts proven in the initial case and the circumstances arising during the separation are taken into account.
*The separation decision should not be confused with TMK MD 166/4. TMK 166/4 = If a divorce case is filed and rejected for any reason, cohabitation cannot be reestablished for 3 years, and when the divorce case is refiled, the judge must grant the divorce.