In Turkish Law, Divorce is governed primarily by the Turkish Civil Code. The law provides two main categories of divorce: divorce based on specific legal grounds and divorce due to the breakdown of the marital relationship. Understanding the legal grounds for divorce is crucial for individuals navigating the process. This article will explore these grounds and offer insight into the behaviors that typically lead to divorce under Turkish law.
This article focuses on legal grounds of divorce. For methods and process of a divorce, we recommend you to read our article “Divorce In Turkey: Process, Tips And Consequences” via this link.
Again, this article provides essential information about the legal ground. For details, please check the related category on our website.
1. Divorce Based on Specific Grounds
The Turkish Civil Code outlines several specific grounds for divorce, which must be proven in court for the dissolution of the marriage. These grounds include adultery, attempted murder, severe maltreatment, desertion, and mental illness.
a. Adultery
Adultery is one of the most commonly cited grounds for divorce. According to Article 161 of the Turkish Civil Code, a spouse who engages in an extramarital affair gives the other spouse the right to file for divorce. Adultery must be proven with concrete evidence, and the aggrieved spouse must file for divorce within six months of discovering the affair, or within five years of the act. If the aggrieved spouse forgives the adulterous behavior, they lose the right to file for divorce on this ground.
b. Attempted Murder or Severe Maltreatment
A spouse can file for divorce if the other spouse has attempted to murder them or subjected them to severe physical or emotional maltreatment. Article 162 of the Turkish Civil Code states that an individual has the right to file for divorce if their life is in danger due to their spouse’s actions. This includes physical violence, threats, and psychological abuse. Like adultery, the aggrieved spouse must file for divorce within six months of the incident or within five years of the act. Forgiveness nullifies the right to seek divorce on this ground.
c. Criminal Behavior or Severe Immorality
Under Article 163, a spouse may seek divorce if the other spouse engages in continuous criminal activities or lives an immoral life, such as habitual prostitution or drug abuse. The aggrieved spouse must prove that the behavior is persistent and detrimental to the marriage.
d. Desertion / Abandonment
Desertion occurs when one spouse abandons the other without a legitimate reason for at least six months and refuses to return despite the other spouse’s request. Article 164 states that the deserted spouse can file for divorce once a judge has issued an official warning. If the spouse does not return within two months of the warning, divorce proceedings may begin.
e. Mental Illness
A spouse can file for divorce if the other spouse suffers from a mental illness that makes the continuation of the marriage intolerable. Article 165 requires a medical report confirming the illness, which must be of a permanent nature. If the illness is treatable and the spouse refuses treatment, this may also form a basis for divorce.
2. Divorce Due to the Breakdown of the Marital Union
In addition to specific grounds, Turkiye allows for divorce based on the irreparable breakdown of the marital relationship, regulated under Article 166 of the Turkish Civil Code.
a. Irretrievable Breakdown of the Marriage
The irretrievable breakdown of the marriage, also known as “severe discord” or “irreconcilable differences,” is the most common basis for divorce. In these cases, one or both spouses argue that the marital relationship has deteriorated to the point where living together is no longer feasible. Unlike divorces based on specific grounds, fault is not required; the focus is on demonstrating that the marriage cannot be salvaged.
Generally, the lack of emotional and intellectual unity between spouses constitutes a fundamental disruption of the marriage. If the spouses lack a peaceful cohabitation, shared future concerns, and desires, it is considered that the marriage is fundamentally disrupted. The law does not specifically list the reasons for this fundamental disruption of the marriage. Instead, the judge will decide whether the behaviors exhibited by the spouses disrupt the marriage based on the specifics of the case. Examples of fundamental disruption of the marriage, as explained in the later section of this article, include:
- Economic, psychological, or physical abuse,
- Neglect of the family,
- Alcohol dependency or excessive drinking to the extent of neglecting family responsibilities,
- Silence in the face of one spouse’s family interfering in the marriage,
- Insulting the spouse,
- Remaining silent when one’s spouse’s family is insulted,
- Expressing a lack of love for the spouse and a desire for divorce,
- Displaying aggressive and disrespectful behavior,
- Failure of the husband to establish an independent residence,
- Disclosing family secrets to third parties,
- Inability to engage in sexual relations or impotence,
- Habitual gambling,
- Behaviors that undermine trust and violate loyalty obligations.
We would like to make one point in particular. The divorce of the parties in contested divorce cases is seen as a matter of public order. It is not considered sufficient for only one party to request divorce (this rule does not apply to uncontested divorce). Therefore, in contested divorce cases, the judge examines the unique circumstances of each case and decides whether the marriage union has been shaken or not. Issues that are considered as grounds for divorce in one case may not be considered as grounds for divorce in another case. Therefore, each case should be evaluated within the framework of its own circumstances.
b. Divorce Based on Separation
Article 166 also allows for divorce if the spouses have been living separately for at least three years following a previous rejected divorce filing. In this case, the spouse requesting the divorce can argue that the prolonged separation demonstrates that the marriage cannot be reconciled. This lengthy separation is considered enough evidence of the breakdown of the marriage.
3. Behavior that Causes Divorce
In Turkiye, certain behaviors are likely to lead to divorce proceedings, whether they fall under specific legal grounds or contribute to the breakdown of the marital union. These behaviors are often related to personal conduct, ethical breaches, or incompatibility between the spouses. Here are the most common types of behavior that result in divorce:
a. Infidelity and Lack of Trust
Adultery is a leading cause of divorce. Even when adultery is not legally proven in court, it can contribute to the breakdown of trust between spouses, which often results in the collapse of the marriage. Marriages where one or both partners engage in infidelity are typically irreparably damaged, and trust cannot be restored.
b. Physical and Emotional Abuse
Abusive behavior, whether physical, emotional or financial, frequently leads to divorce. Severe maltreatment of one spouse, including physical violence, emotional manipulation, and psychological harm, are common reasons for divorce filings. In such cases, the abused spouse often feels compelled to leave the marriage for personal safety or mental well-being.
c. Addiction and Criminal Behavior
Continuous immoral behavior or criminal activities, including substance abuse, gambling addiction, or involvement in illegal activities, can lead to the breakdown of a marriage. These behaviors often create an unstable environment, negatively impacting the family’s financial situation and emotional well-being. In many cases, spouses are unwilling to remain in marriages where addiction or criminal behavior is present.
d. Desertion and Neglect
Abandoning a spouse without a legitimate reason is another common cause of divorce. Even if desertion does not meet the strict legal definition under the Turkish Civil Code, emotional neglect and lack of support can also contribute to the breakdown of the relationship. A spouse who feels neglected, unloved, or unsupported is more likely to seek a divorce.
e. Unresolved Conflict and Communication Issues
In many marriages, unresolved conflict and poor communication lead to the gradual breakdown of the relationship. Couples who cannot resolve their disagreements or communicate effectively often drift apart. Over time, the accumulation of unresolved issues creates an emotionally distant and unfulfilling marriage, prompting one or both spouses to file for divorce.
f. Incompatibility and Lack of Shared Values
Incompatibility between spouses, especially in terms of lifestyle, goals, or values, can also cause a marriage to fail. For example, differences in how to raise children, manage finances, or pursue career ambitions can create significant tension in a marriage. If the couple cannot reconcile these differences, divorce becomes a viable solution.
g. Mental Health Issues
Mental health problems, such as untreated depression, anxiety, or other psychological disorders, can strain a marriage if not properly addressed. While mental illness itself is a ground for divorce under the Turkish Civil Code, it can also be a contributing factor in cases where the marriage breaks down due to the emotional burden placed on the relationship.
4. Last Exit Before the Bridge: Couples Therapy
Divorce is a human and psychological process before it is a legal process. As lawyers, as a result of our sense of responsibility, we have to invite people to psychological awareness. We believe that processes that cause permanent damage to the lives of the parties, even if successful in a legal sense, can be a Pyrrhic victory.
Before proceeding with divorce, we recommend couples consider therapy, especially when no severe issues like abuse or domestic violence are involved. Divorce can have significant emotional, financial, and psychological effects, and as legal professionals, we believe it is our ethical responsibility to encourage reconciliation efforts when possible.
Again, in our experience, some couples may neglect their own psychological state during tense processes such as divorce. Even in cases where divorce is inevitable, we recommend that the process be concluded with less impact through individual therapies, and that children in particular be prepared for these processes with the help of a pedagogue.
5. Conclusion
Divorce in Turkiye can be initiated based on specific legal grounds such as adultery, desertion, or mental illness, or it can occur due to the breakdown of the marital union. In both cases, behaviors such as infidelity, abuse, addiction, neglect, and unresolved conflict are common causes of divorce. It is essential for individuals seeking divorce to understand their legal rights and the specific grounds on which they can base their case. In many situations, behaviors that cause a breakdown in trust or communication within the marriage are the root cause of divorce, regardless of whether they are explicitly stated in the law.
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