Relationships, which have been evaluated across a wide spectrum from the earliest times to the present day, and which have materialized as manifestations of culture, social environment, and individuals’ lifestyles, are losing their value judgments and drifting away from their essence in today’s dynamic world, particularly as the opportunities offered by developing technology are used to foster socially unacceptable behaviors. This alienation of individuals from one another and the loss of the sense of loyalty, perhaps as it did centuries ago, are leading to the loss of their value.
Infidelity, a frequently encountered reason for the dissolution of marriages and relationships, is defined by many authorities as an immoral act. Considering the structure of Turkish society, infidelity is considered a matter of honor and dignity, and is considered a ground for divorce.
Infidelity, which has many causes, including the decline of emotional attachment, the loss of importance of fidelity, and the inability of individuals to meet each other’s expectations due to certain changes in their lives, is a specific and absolute ground for divorce, regulated in Article 161 of the Turkish Civil Code No. 4721, titled “adultery.” Accordingly, if one spouse commits adultery, the other spouse can file for divorce on the grounds of infidelity. The right to file for divorce lapses six months after the spouse entitled to file becomes aware of the grounds for divorce, and in any case, five years after the act of adultery, and the forgiving party has no right to file.
As can be seen, the legislature has clearly stated that the betrayed spouse has the right to file for divorce. However, simply taking a clear stance on the divorce is not sufficient for the judge to grant a divorce on the grounds of adultery; the claim made must be proven in court for the desired outcome.
Most cheaters are aware of their actions, and the inherent need to conceal this fact creates difficulties for the betrayed spouse to prove it. Individuals can submit any document to the court as evidence, such as photographs, videos, text messages, letters to their lover, and social media activity. Provided that these documents are not obtained illegally, they can submit any document to the court that proves the existence of the act. Again, witnesses’ truthful and accurate testimony remains crucial in cases involving infidelity, but it only becomes fully effective when supported by other evidence.
It should be noted that the legally mandated timeframes of six months from the discovery of the act of adultery and, in any case, five years following the act’s occurrence are crucial for the acceptance of a divorce case based on this ground. Furthermore, in cases where the betrayed spouse expresses forgiveness, whether explicitly or implicitly, verbally or through conduct, credible evidence or witness testimony loses its significance in a judge’s decision to grant a divorce based on infidelity. Once the statute of limitations expires or the betrayed spouse forgives, all evidence is eliminated.