In the presence of the reasons for divorce determined in the law, the marriage made in accordance with the law before the official can be terminated by the decision of the judge. Dissolution of marriage can take place in the form of an uncontested or contested divorce.
The court in charge of divorce cases regulated in article 161 of the Turkish Civil Code and onwards is the Family Court, and the competent court is the court of residence of one of the spouses or the court of the place where they have lived together for the last six months before the lawsuit.
The Turkish Civil Code divides the reasons for divorce into general and specific.
General reasons for divorce: The law regulates the general reasons for divorce by name, but what exactly is included in this concept is left to the discretion of the judge. Confidence-shattering behaviors, incompatibility, differences in perspective on life, and the abolition of respect can be shown as examples of general divorce reasons.
SPECIAL REASONS FOR DIVORCE:
Adultery (TMK M.161) :
Adultery means that one of the spouses is in a relationship with another in violation of the duty of loyalty. It is when a married man or woman has sexual intercourse with someone of the opposite sex. If one of the spouses commits adultery, the other spouse can file for divorce. For adultery to be in question, sexual intercourse must be with the opposite sex. Having sex with people of the same sex is not considered adultery. Although the sexual intercourse of one of the spouses with their own gender does not cause adultery, in this case, the other spouse can file a divorce case on the grounds of leading a dishonorable life. For sexual intercourse to be considered adultery, it is enough to have occurred once. The right to sue ceases after six months, and in any case, five years after the act of adultery, starting from the fact that the spouse who has the right to sue learns the reason for the divorce. The pardoning party has no right to sue.
INTENDING LIFE, VERY BAD OR DAMAGE BEHAVIOR (Turkish Civil Code Art. 162):
Intention to life; means the actions of one spouse against the right to life of the other spouse. Conviction of the criminal court shall not be sought in the case of divorce to be filed due to intent on life. The Family Court can order a divorce. Very bad or dishonorable behavior; Behavior that endanger the physical and mental health of the spouse means ill-treatment towards the spouse. There are 6-month and 5-year deprivation periods in divorce cases to be filed due to intent on life, bad or dishonorable behavior, as in adultery. Again, the other spouse who forgives his/her spouse due to intent on life and very bad or dishonorable behavior will not have the right to sue.
COMMITTING A CRIME AND LIVING WITHOUT Dignity (Turkish Civil Code Art. 163):
If one of the spouses commits a humiliating crime or leads a dishonorable life and cannot be expected to live with the other spouse for these reasons, that spouse can always file for divorce. There is no time limit for this special reason for divorce, and it is possible to file a divorce case at any time. The fact that one of the spouses has forgiven the other for these reasons will not prevent him from filing a divorce case. In the case of divorce due to committing a crime, a conviction decision of a criminal court will not be sought as in the case of divorce due to intent to life.
TERK (TMK M.164):
A warning is given to the spouse who leaves the house in order not to fulfill the obligations arising from the marriage union, after at least four months. With the warning, a period of at least two months is given and the necessary conditions are provided for the spouse to return home. According to the Turkish Civil Code, the warning should only be issued by the judge or notary public. If a divorce case is filed without a warning, the court will make the warning itself. The points to be considered in the divorce case due to abandonment are that the reason for leaving the house is “not fulfilling the obligations arising from the marriage union” and if the spouse who actually leaves the house is based on a just cause, the remaining spouse will be deemed to have left.
MENTAL DISEASE (TMK M.165):
If one of the spouses is mentally ill and therefore the joint life becomes unbearable for the other spouse, this spouse can file a divorce case, provided that it is determined by the official health board report that it is not possible for the disease to go away. In order for a divorce case to be filed due to mental illness, the marriage must become unbearable for the other spouse.
