Reasons For Divorce
In the presence of the grounds for divorce set out in the law, a marriage contracted in accordance with the law before a public official may be dissolved by a judge’s decision. The dissolution of marriage can be realised as uncontested or contested divorce.
In divorce cases regulated under Article 161 and the following articles of the Turkish Civil Code, the competent court is the Family Court, and the competent court is the court where one of the spouses resides or where they have been living together for the last six months before the lawsuit.
Turkish Civil Code divides the reasons for divorce into two as general and special.
General grounds for divorce: The Law regulates the general grounds for divorce by name, but what exactly is included in this concept is left to the discretion of the judge. Examples of general grounds for divorce are behaviours undermining trust, incompatibility, differences in the perspective of life, elimination of respect.
SPECIAL GROUNDS FOR DIVORCE:
ADULTERY (TMK ART.161) :
Adultery means that one of the spouses has a relationship with another person in violation of the obligation of fidelity. It is the sexual intercourse of a married man or woman with a person of the opposite sex. If one of the spouses commits adultery, the other spouse can file for divorce. In order for adultery to be in question, sexual intercourse must be with the opposite sex. Having intercourse with persons of the same sex is not considered adultery. Although the sexual intercourse of one of the spouses with his/her own sex does not cause adultery, in this case, the other spouse may file for divorce on the grounds of leading an undignified life.
In order for sexual intercourse to be considered as adultery, it is enough to be realised once. The right to file a lawsuit is cancelled six months after the spouse who has the right to file a lawsuit learns the reason for divorce, and in any case, after five years have passed since the act of adultery. The right of action of the forgiving party is not in question.
INTENT TO KILL, GROSS MISCONDUCT OR DISHONOURABLE BEHAVIOUR (ART.162):
Intention to life means the actions of one spouse against the other spouse’s right to life. In the divorce case to be filed due to intent to life, the conviction of the criminal court is not sought. The Family Court may decide for divorce. Unkind or degrading behaviour means behaviour that may endanger the physical and mental health of the spouse, ill-treatment of the spouse. In divorce lawsuits to be filed due to intent to life, gross misconduct or dishonourable behaviour, as in adultery, there are 6-month and 5-year periods of limitation of rights. Again, the other spouse who forgives his/her spouse due to intent to kill and gross misconduct or dishonourable behaviour shall not have the right to file a lawsuit.
COMMITTING A CRIME AND LEADING A LIFE WITHOUT DIGNITY (ART. 163 OF THE TURKISH CODE OF CIVIL PROCEDURE):
If one of the spouses commits a humiliating offence or leads a dishonourable life and the other spouse cannot be expected to live with him/her due to these reasons, this spouse can always file for divorce. In this special ground for divorce, there is no prescription period and it is possible to file for divorce at any time. The fact that one of the spouses has forgiven the other for these reasons will not constitute an obstacle to file for divorce. In the case of divorce on the grounds of committing a criminal offence, a conviction decision of a criminal court will not be sought as in the case of divorce on the grounds of intent to commit a crime.
ABANDONMENT (TMK ART.164) :
If one of the spouses leaves the house with the intention of not fulfilling the obligations arising from the union of marriage, a warning shall be served to the spouse after at least four months. Along with the warning, a period of at least two months is given and the necessary conditions are provided for the spouse to return home. According to the Turkish Civil Code, the notice must be issued by a judge or a notary public. If a divorce case is filed without a warning, the court will make the warning itself. The issues to be considered in the divorce case due to abandonment are that the reason for leaving the house is “failure to fulfil the obligations arising from the union of marriage” and the spouse who actually leaves the house will be deemed to have abandoned the remaining spouse if it is based on just cause.
MENTAL ILLNESS (ART.165) :
If one of the spouses is mentally ill and the common life becomes unbearable for the other spouse due to this reason, this spouse may file for divorce, provided that it is determined by an official medical board report that the illness cannot be cured. In order to file for divorce on the grounds of mental illness, the marriage must become unbearable for the other spouse.
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