Reasons for Divorce

Reasons for Divorce

Divorce is the termination of a validly established marriage by court order for reasons specified in the law. The grounds for divorce are stated in the Civil Code as follows:.

General Causes

The Foundation of the Marital Union is Shaken

Reasons for Divorce: The foundation of marriage is built on spouses living together harmoniously. If there is constant discord, arguments, etc., within the marriage, and the marriage has become unbearable,  the parties may wish to divorce due to the fundamental breakdown of the marriage.

Mutual Divorce

Reasons for Divorce: A divorce when the parties, believing they can no longer continue their marriage and  having reached a full agreement, apply to the court for a divorce. However, the parties must have been married for at least one year. The aim here is to emphasize the sanctity of the institution of marriage.

Special Reasons

Adultery

Reasons for Divorce: Adultery is when one spouse has sexual relations with someone of the opposite sex. The right to file for divorce expires six months after the spouse learns of the adultery, and in any case, five years after the act of adultery. If one party has forgiven the adulterous party, there is no right to file for divorce.

Attempted Murder and Extremely Bad or Dishonorable Behavior

Reasons for Divorce: One spouse may have their life threatened, been treated very badly, or subjected to severely humiliating behavior by the other.  The right to file for divorce expires six months after the spouse entitled to file the lawsuit learns of the reason for divorce, and in any case, five years after the reason arose. The right to file a lawsuit is not granted to the spouse who forgives the other spouse.

Committing Crimes and Leading a Dishonorable Life

Reasons for Divorce: If one spouse commits a humiliating crime or leads a dishonorable life, and it is unreasonable to expect the other spouse to continue living with them, the latter spouse may file for divorce at any time under Article 163 of the Turkish Civil Code on the grounds of committing a crime or leading a dishonorable life.

Abandon

Reasons for Divorce: Abandonment, specifically considered among the grounds for divorce, is a ground for divorce governed by Article 164 of the Turkish Civil Code, which includes specific procedures that must be followed in terms of form, unlike other specific grounds for divorce. According to this article, if one spouse abandons the other with the intention of not fulfilling their marital obligations, or fails to return to the common residence without a valid reason, and the separation has lasted at least six months and continues, and a warning issued by a judge or notary upon request remains ineffective; the abandoned spouse may file for divorce. The spouse who forces the other to leave the common residence or prevents their return without a valid reason is also considered to have committed abandonment. Upon the request of the spouse entitled to file the lawsuit, the judge or notary, without examining the merits of the case, must issue a warning to the abandoning spouse, stating that they must return to the common residence within two months and warning them of the consequences if they do not. This warning may be issued by public notice if necessary. However, a notice of default cannot be issued before the end of the fourth month of the specified period for filing a divorce case, and a case cannot be filed until two months have passed after the notice of default.

Mental Illness

The grounds for divorce, as regulated in Article 165 of the Turkish Civil Code, include mental illness. In such cases, it is primarily required that one spouse suffers from a mental illness, making cohabitation unbearable for the other spouse. Furthermore, it must be officially confirmed by a medical board report that the illness is incurable.