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DIVORCE CASES

A. Specific Grounds for Divorce

These are reasons explicitly listed in the law and based on a concrete fact:

  • Adultery (Cheating) - (Turkish Civil Code Article 161): A breach of the obligation of fidelity by one spouse. (A lawsuit must be filed within 6 months of learning about the adultery, and in any case within 5 years).

  • Attempted Murder, Extremely Cruel or Humiliating Conduct - (Turkish Civil Code Article 162): One spouse's attempt to kill the other, inflicting severe torture/violence, or making serious insults.

  • Committing a Crime and Leading a Dishonorable Life - (Turkish Civil Code Article 163): The spouse committing a shameful crime or adopting a dishonorable lifestyle that is not accepted by society.

  • Abandonment - (Turkish Civil Code Article 164): The act of one spouse leaving the common residence without a justifiable reason, with the intention of escaping marital responsibilities (This must have lasted at least 4 months and a legal warning must have been issued).

  • Mental Illness - (Turkish Civil Code Article 165): If one of the spouses suffers from a mental illness and this condition is determined by an official medical board report to make cohabitation unbearable.

B. General Grounds for Divorce

  • Fundamental Breakdown of the Marital Union (Severe Incompatibility) - (Turkish Civil Code Article 166): This is the most frequently cited reason in practice. It refers to situations where disagreements between the spouses make the continuation of the marriage impossible.

2. Types of Divorce

The law divides divorce cases into two main procedures according to how the process works:

Mutual Divorce

It is the complete agreement of the spouses regarding the divorce and its consequences (custody, alimony, compensation, property division). The conditions are as follows:

  • The marriage must have lasted at least one year.

  • The spouses can file a joint lawsuit, or one spouse can file a lawsuit and the other can accept it.

  • The judge must have heard the parties in person and be convinced that they have freely expressed their will.

Contested Divorce

This occurs when one spouse does not want a divorce or cannot agree on the consequences of the divorce (child custody, alimony amount, financial and non-financial compensation, etc.). The process is conducted through witnesses, evidence, and expert examinations, and takes much longer than an amicable divorce.

3. Legal Consequences of Divorce

When a court grants a divorce, the law also mandates the following:

  • Custody: This determines which parent will be granted the rights to the care, supervision, and education of minor children.

  • Alimony: * Interim Alimony: Paid for the spouse and children during the duration of the lawsuit if needed.

    • Alimony: Paid indefinitely or for a limited period to the innocent or less culpable party who will fall into poverty due to divorce.

    • Child Support: This is when the parent who does not have custody contributes to the child's expenses in proportion to their financial means.

  • Material and Moral Compensation: In a divorce, the party who is blameless or less at fault may claim compensation from the party at fault for damages to existing or expected interests or for attacks on personal rights.

  • Marital Property Regime Dissolution: This refers to the division of assets acquired by spouses during marriage (unless otherwise stipulated in a contract, the legally applicable "Participation in Acquired Property Regime" applies).

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