SPECIFIC REASONS FOR DIVORCE

Divorce means the termination of a marriage and, according to the Turkish Civil Code, occurs through a court decision under certain circumstances. Grounds for divorce are divided into general and specific grounds. Specific grounds for divorce arise when spouses are unable to continue their marriage due to a particular behavior or event.

1. Adultery (Turkish Civil Code Article 161)

Adultery is defined as a married spouse engaging in sexual intercourse with someone of the opposite sex. According to Article 161 of the Turkish Civil Code, adultery is considered grounds for divorce. To file for divorce on the grounds of adultery, the act of adultery must be proven with credible evidence. A spouse's breach of the duty of fidelity is considered a situation that fundamentally undermines the marital union.

 

The spouse who learns that their partner has violated their duty of fidelity must file a lawsuit within six months of learning of the situation. The statute of limitations for filing a lawsuit expires after five years from the date of the adultery. In cases of a regularly ongoing violation of the duty of fidelity, the date of the last act of adultery is considered the basis for filing the lawsuit. If the plaintiff spouse fails to file a lawsuit within these timeframes, their right to request a divorce based on adultery lapses. However, the spouse who forgives the adulterer does not have the right to file a lawsuit.

2. Attempted Murder, Extremely Bad or Dishonorable Conduct (Turkish Civil Code Article 162)

Attempted murder is when one spouse intentionally engages in behavior aimed at ending the other's life. Terrible or degrading behavior, on the other hand, refers to one spouse inflicting physical or psychological violence on the other, humiliating them, or engaging in attitudes and behaviors that damage their dignity.

 

A divorce case based on this reason is also subject to a statute of limitations of six months from the date the plaintiff learned of the reason, and in any case, five years from the date of the event. The forgiving party does not have the right to sue.

 

3. Committing Crimes and Leading a Dishonorable Life (Turkish Civil Code Article 163)

If one spouse commits a humiliating crime or leads a dishonorable life, it can make cohabitation unbearable for the other spouse. In this case, the other spouse has the right to file for divorce. The crime or dishonorable lifestyle must be of a nature that harms the marital union. The law does not specify particular types of crimes, but the nature of the crime and its perception in society are taken into consideration. A divorce case based on this reason can be filed at any time.

 

4. Abandonment (Turkish Civil Code Article 164)

Abandonment is defined as one spouse leaving the other with the intention of not fulfilling their marital obligations, or failing to return to the shared residence without a justifiable reason. For a divorce case to be filed on the grounds of abandonment, the abandonment must last for at least six months. After this period, the abandoned spouse must send a notice to the abandoning spouse via a notary public, demanding their return home. If the spouse does not return within two months of the notice, a divorce case can be filed on the grounds of abandonment.

A warning can be issued as early as the fourth month of the six-month period. In this case, a lawsuit can be filed by applying to the court, provided that the warning is issued and remains unanswered for two months.

 

5. Mental Illness (Turkish Civil Code Article 165)

If one spouse suffers from a mental illness that is permanent rather than temporary, cohabitation may become unbearable for the other spouse. In this case, the other spouse has the right to file for divorce. However, for a divorce to be granted, it must be officially confirmed by a medical board report that the mental illness is permanent, not temporary. This report must confirm that the illness is persistent and creates an unbearable situation for the other spouse.

 

 

Common Characteristics of Special Reasons

The most important common feature of specific grounds for divorce is that each ground has seriously undermined the marital union, rendering it unsustainable. Furthermore, proof of the grounds is required for a divorce to be granted.

 

 

Burden of Proof and Evidence

In divorce cases based on specific grounds, the burden of proof and evidence rests with the plaintiff. The plaintiff spouse must present the grounds for divorce and demonstrate to the court that these grounds have rendered the marriage unbearable. The court will evaluate the presented evidence and make a decision.

 

 

Conclusion​

Specific grounds for divorce are clearly defined in the law as situations that fundamentally undermine the marital union and make its continuation impossible. It is possible to file for divorce if these grounds exist. In short, specific grounds for divorce are regulated in detail in the Turkish Civil Code and are accepted as legitimate reasons for the termination of a marriage. One of the most important aspects to consider in this process is the correct management of legal deadlines and the burden of proof.

 

Intern Student Nisa Anbar