The Turkish Civil Code No. 4721 regulates the grounds for divorce under 6 headings. These are Articles 161-168 of the TCC. According to the Turkish Civil Code, the grounds for divorce are respectively;
- Adultery
- Attempt on life, maltreatment or humiliating behavior
- Committing a crime and leading a dishonorable life
- Desertion
- Mental Illness
- Irretrievable breakdown of the marriage union
1- Adultery
Article 161 of the Turkish Civil Code No. 4721, titled Adultery, is the first ground for divorce regulated in the civil code.
I. Adultery Article 161- If one of the spouses commits adultery, the other spouse may file for divorce. The right to file a lawsuit lapses six months after the spouse entitled to file the lawsuit learns of the cause for divorce, and in any case, five years after the act of adultery. The party who forgives has no right to file a lawsuit.
Adultery is when one of the spouses has sexual intercourse with a person of the opposite sex outside of marriage. If either spouse has sexual intercourse with a person of the opposite sex outside of marriage, the other spouse may file for divorce. The act of adultery is considered committed.
If the affair is with a person of the same sex, the act of adultery is not considered to have occurred legally. This is considered unfaithful behavior and is treated as behavior that shakes the foundation of the marriage union.
The right to sue expires six months after the spouse entitled to sue learns of the cause for divorce, and in any case, five years after the act of adultery. Therefore, a lawsuit must be filed within 6 months from the moment the act of adultery is learned. It should not be forgotten that the party who forgives loses the right to sue.
According to the 2018 decision of the 2nd Civil Chamber of the Court of Cassation, sexual intercourse must be proven with certainty or a strong presumption.
2- Attempt on life, maltreatment or humiliating behavior
Article 162 of the Turkish Civil Code No. 4721, titled Attempt on life, maltreatment or humiliating behavior, is the second ground for divorce regulated in the civil code.
II. Attempt on life, maltreatment or humiliating behavior Article 162- Each of the spouses may file for divorce if the other attempts on his/her life or treats him/her very badly or engages in severely humiliating behavior.
People who suffer violence from their spouses should apply for divorce under this article. According to the decision of the 2nd Civil Chamber of the Court of Cassation, the fact that the spouse withdraws from the criminal case does not mean that they have forgiven according to this article.
3- Committing a crime and leading a dishonorable life
Article 163 of the Turkish Civil Code No. 4721, titled Committing a crime and leading a dishonorable life, is the third ground for divorce regulated in the civil code.
III. Committing a crime and leading a dishonorable life Article 163- If one of the spouses commits a humiliating crime or leads a dishonorable life and for these reasons the other spouse cannot be expected to live with him/her, this spouse may file for divorce at any time.
In order to mention a dishonorable life, this must be a continuous situation. A lifestyle that does not comply with the general moral structure of society can be accepted as leading a dishonorable life.
4- Desertion
Article 164 of the Turkish Civil Code No. 4721, titled Desertion, is the fourth ground for divorce regulated in the civil code.
According to the first paragraph of TCC 164, if one of the spouses leaves the other in order not to fulfill the obligations arising from the marriage union or does not return to the common residence without a just cause, and if 6 months have passed, upon the request of the abandoned spouse, a warning is issued by the judge or notary. If the warning remains inconclusive, a divorce case can be opened due to desertion.
Notification can be made at the earliest in the 4th month of the desertion. It is not possible to file for divorce before 2 months have passed since this warning.
5- Mental Illness
Article 165 of the Turkish Civil Code No. 4721, titled Mental Illness, is the fifth ground for divorce regulated in the civil code.
V. Mental Illness Article 165- If one of the spouses is mentally ill and therefore the common life becomes unbearable for the other spouse, provided that it is determined by an official medical board report that the illness is incurable, this spouse may file for divorce.
A divorce case based on mental illness is opened only by the spouse who is not mentally ill against the spouse who is mentally ill.
6- Irretrievable breakdown of the marriage union
Article 166 of the Turkish Civil Code No. 4721, titled Irretrievable breakdown of the marriage union, is the sixth ground for divorce regulated in the civil code.
The first article gives both spouses the right to file for divorce. While the previous grounds for divorce gave the right to file for divorce only to one party, as a special condition of this article, in couples who think that the marriage union has been shaken to the extent that the common life cannot be sustained, both parties can file for this divorce case.
For a Consensual Divorce (Uncontested Divorce), the marriage must have lasted for at least one year.