WHAT ARE THE SPECIFIC REASONS FOR DIVORCE?

Marriage is a fundamental and important institution of society. For this institution to continue, spouses must fulfill certain responsibilities. When these responsibilities are properly fulfilled, there will be peace within the family, and love, respect, and understanding between spouses. Examples of these responsibilities include fidelity, love, respect, trust, and both spouses providing each other with financial support. In marriages where these are absent, certain difficulties begin to arise, and if these difficulties cannot be overcome, this situation can lead to divorce, and these are called special grounds for divorce. Articles 161-165 of the Turkish Civil Code regulate these special grounds for divorce.

1) ADULTERY

In a marriage lacking fidelity, adultery is highly likely. The spouse who commits adultery is at fault. The betrayed spouse must file for divorce within six months of learning of the adultery, and in any case within five years; otherwise, their right to sue is forfeited. Similarly, if the betrayed spouse forgives the other spouse, their right to sue is also forfeited.

2) ABANDONMENT

If one spouse leaves the family home they share to escape the responsibilities of marriage, or if they fail to return without a valid reason, the other spouse can file for divorce. The abandoned spouse can request a warning from a judge or notary public to return home to the abandoning spouse. This warning gives the abandoning spouse two months to return home, and if they do not, they will have to face the consequences. For this warning and for filing a divorce case, four months must pass after the specified period; otherwise, a divorce case cannot be filed.

In some cases, the spouse remaining in the residence forces the spouse who leaves to abandon the residence. In such cases, the spouse who forced the abandonment is considered to have abandoned the residence, and the abandoning spouse can file for divorce.

3) ATTEMPTED MURDER, ILL-CONDUCT OR DEGRADING BEHAVIOR

Respect between spouses is essential for the continuation of a marriage. Serious, humiliating behavior, ill-treatment, or even attempts on one spouse's life constitute a breach of both respect and trust. The spouse subjected to such behavior can file for divorce. The statute of limitations here is the same as for adultery. The forgiving spouse has no right to sue.

4) COMMITTING CRIMES AND LEADING A DISHONORABLE LIFE

If one spouse has committed a crime or leads a dishonorable life, and the other spouse cannot be expected to live with them, the spouse can always file a lawsuit.

5) MENTAL ILLNESS

If one spouse suffers from a mental illness that makes it difficult for the other to continue living together, and the shared life has become unbearable for that spouse, the other spouse may file for divorce. For this to be possible, the spouse filing the lawsuit must have their mental illness officially documented by a medical board as incurable.

Relevant decision:

number 2016/255 of the 2nd Civil Chamber of the Supreme Court of Appeals , the defendant-counterclaimant woman requested a divorce based on specific grounds such as adultery and humiliating conduct. The court examined the woman's claims and granted a divorce due to the fundamental breakdown of the marriage. However, the decision was overturned because no positive or negative ruling was made regarding the specific grounds for divorce. This decision emphasizes that when specific grounds for divorce are presented as grounds for a lawsuit, the court must necessarily make a clear ruling on these grounds.

Second-year Law Faculty student

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