REASONS FOR DIVORCE

REASONS FOR DIVORCE

Divorce necessarily requires a court decision for specific reasons. The grounds for divorce are listed exhaustively in the Turkish Civil Code. These are regulated between articles 161 and 165 and examined in two main groups. Accordingly:

A – SPECIFIC GROUNDS FOR DIVORCE

1 – ADULTERY

2 – ATTEMPTED MURDER, EXTREMELY BAD OR DEGRADING CONDUCT

3 – COMMITTING CRIMES AND LEADING A DISHONORABLE LIFE

4 – ABANDONMENT

5 – MENTAL ILLNESS

B – REASON FOR DIVORCE

1 – THE FUNDAMENTAL DISRUPTION OF THE MARRIAGE UNION

Another classification of grounds for divorce is absolute and relative grounds. Absolute grounds for divorce include: adultery; attempted murder; extremely bad or humiliating behavior; abandonment; and mutual agreement. The existence of these grounds is sufficient for divorce. Relative grounds for divorce include: committing a crime and leading a dishonorable life; mental illness; and the fundamental breakdown of the marital union. In these grounds, it is investigated whether the relationship has made the shared life unbearable, in addition to what is listed above. In other words, the mere existence of these grounds is not sufficient for divorce.

In this article, we will examine the common grounds for divorce in detail.

A – SPECIFIC REASONS FOR DIVORCE

1 – ADULTERY

Adultery is defined as sexual intercourse between one spouse and another, whether willingly or unwillingly, while the marriage is ongoing. The crucial point here is that the relationship must be with someone of the opposite sex. According to the law, a spouse engaging in a homosexual relationship does not constitute grounds for divorce based on adultery; instead, the prevailing view in legal doctrine is that it constitutes grounds for divorce based on leading a dishonorable life. (While we do not accept the view that homosexual relationships constitute leading a dishonorable life, this is outside the scope of this article.)

If a spouse commits adultery and six months have passed since the other spouse learned of the affair and no divorce proceedings have been initiated, or if five years have passed since the date of the adultery and no proceedings have been initiated, the divorce proceedings are considered time-barred.

Furthermore, a person who forgives their spouse for adultery cannot later file for divorce based on adultery because the forgiving party has no right to sue (Article 161/3 of the Turkish Civil Code).

Adultery is a fault-based, absolute, and specific ground for divorce. Once the judge has established adultery, he/she is obligated to grant the divorce; the judge cannot exercise discretion.

2 – ATTEMPTED MURDER, EXTREMELY BAD OR DEGRADING CONDUCT

1. Attempted Murder: These are acts committed by one spouse with the intention of killing the other.
2. Bad or Humiliating Behavior: Extremely bad behavior refers to actions that torment, cause suffering, and damage the physical and mental health of a spouse. Examples include beating, starving, or confining a spouse to the home. Humiliating behavior, on the other hand, involves actions and words that harm a spouse's honor and pride.

The six-month and five-year limitation periods also apply here.

3 – COMMITTING CRIMES AND LEADING A DISHONORABLE LIFE

1. Committing a Crime: The crime in question here is not just any crime; it must be a humiliating offense. Whether a crime is humiliating or not is determined by societal norms. Examples of such crimes include fraud and theft. It is also important to note that the spouse's criminal record is irrelevant. The humiliating crime must have been committed after marriage. The commission of this crime alone is not grounds for divorce; the situation must also be unbearable for the other spouse. This type of divorce is not subject to a statute of limitations; a divorce case can be filed at any time based on this ground.
2. Living a Dishonorable Life: Examples of living a dishonorable life include alcoholism, substance abuse, and gambling. An important point here is that the behavior must be persistent; that is, the act must be continuous. Furthermore, the mere presence of this behavior is not sufficient grounds for divorce; the situation must also be unbearable for the other spouse. This type of divorce is not subject to a statute of limitations; a divorce case can be filed at any time based on this reason.

4 – ABANDONMENT

Abandonment occurs when one spouse leaves the other to avoid fulfilling their marital obligations or refuses to return to the shared residence without a valid reason. However, certain conditions must be met for this to be the case: the abandonment must have lasted at least six months, a notification must be made by a judge or notary upon request, and the abandonment must have been unsuccessful. In these circumstances, the spouse can file for divorce. A person who forces their spouse to leave the shared residence or prevents them from returning does not have the right to file for divorce.

5 – MENTAL ILLNESS

For mental illness to be grounds for divorce, three conditions must be met:

1. One of the spouses must be mentally ill after the marriage.

2 – For a spouse who is not mentally ill, cohabitation must become unbearable.

3 – This must be based on an official medical board report stating that the mental illness is incurable.

Depending on the grounds for divorce, a divorce case can be filed at any time.