In the presence of the reasons for the divorce established by the law, the marriage concluded in accordance with the law in front of an official officer may be terminated by a judge’s decision. The termination of the marriage can take place in the form of an agreed or contentious divorce.
The court in charge of divorce cases regulated by Article 161 of the Turkish Civil Code and its continuation is the Family Court, and the competent court is the place of residence of one of the spouses or the place where they have been sitting together for the last time for six months before the case.
The Turkish Civil Code divides the reasons for divorce into general and special.
General reasons for divorce: The law has regulated the general reasons for divorce by name, but exactly what falls into this concept is left to the discretion of the judge. Examples of common reasons for divorce include trust-shattering behavior, lack of livelihood, differences in the way of looking at life, the elimination of respect.
SPECIAL REASONS FOR DIVORCE:
ADULTERY (TCC C.161) :
Adultery means that one of the spouses lives with another person in violation of his obligation of fidelity. It is when a woman or man who is married has a sexual relationship with someone of the opposite sex. If one of the spouses commits adultery, the other spouse can file for divorce. In order for adultery to be involved, sexual intercourse must be performed with the opposite sex. Having sex with people of the same sex is not considered adultery. Although the sexual intercourse experienced by one of the spouses with his own sex does not cause adultery, in this case, the other spouse may file for divorce on the grounds of living a life without dignity. In order for a sexual relationship to be considered adultery, it is enough that it took place once. If the spouse who has the right to sue finds out the reason for the divorce within six months and in any case five years after the act of adultery, the right to sue is dropped. The pardoning party has no right to sue.
BY CASTE, VERY BAD OR DISHONORABLE BEHAVIOR TOWARDS LIFE (TCC C.162) :
Life caste means actions of one spouse towards the right to life of the other spouse. A conviction of a criminal court is not required in a divorce case that will be filed for life due to caste. The Family Court may decide on a divorce. Very bad or humiliating behavior; behavior that endangers the physical and mental health of the spouse means mistreatment of the spouse. As with adultery, there are 6-month and 5-year periods of entitlement reduction in divorce cases that will be filed due to caste, bad or dishonorable behavior. Again, the other spouse who forgives his spouse for caste and very bad or dishonorable behavior will not have the right to sue.
COMMITTING CRIMES AND LIVING A LIFE WITHOUT DIGNITY (TCC C.163) :
If one of the spouses commits a humiliating crime or leads an undignified life and for these reasons can not be expected from the other spouse to live with him, this spouse can always file for divorce. It is possible that a divorce case can be filed at any time, while there is no time limit for this particular reason for divorce. The fact that one of the spouses has forgiven the other for these reasons will not prevent him from filing for divorce. A decision on the conviction of a criminal court will not be sought in a divorce case for committing a crime, as in a divorce case for a reason of caste.
ABANDONMENT (TCC C.164) :
If one of the spouses leaves the house in order not to fulfill his obligations arising from the marriage union, the spouse is warned after at least four months have elapsed. With the warning, a period of at least two months is provided, and also the necessary conditions are provided for the spouse to return home. According to the Turkish Civil Code, the warning must only be withdrawn by a judge or a notary. If a divorce is filed without a warning, the court will make the warning itself. The House must be considered because of the abandonment of divorce for abandonment “to fulfill the obligations arising from the marriage union”, who actually left the house and the wife is justified if it is based on reason, the remaining spouse is sayilacag abandoned.
MENTAL ILLNESS (TCC C.165) :
If one of the spouses is mentally ill and therefore the joint life becomes unbearable for the other spouse, this spouse can file for divorce, provided that it is determined by the official medical board report that the disease cannot be passed on. In order for a divorce to be filed due to mental illness, it is necessary that the marriage becomes unbearable for the other spouse.
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