WHAT IS A DIVORCE CASE BASED ON THE REASON FOR ADULTERY (INFIDELITY)?
A divorce case for adultery (Infidelity) is a special reason for divorce regulated by Article 161 of the Turkish Civil Code. Spouses have loyalty obligations to each other from the moment of the establishment of the marriage union. If one of the spouses commits adultery, he will have acted contrary to this obligation, and the other spouse will therefore be able to file for divorce. Divorce proceedings for adultery According to the Civil Code “If one of the spouses commits adultery, the other spouse may file for divorce. it is organized as “. However, the definition of adultery has not been made in the law. Adultery, married individuals, means to have sexual intercourse with his wife in the Union other than marriage. The courts and the Supreme Court also taken into account point about adultery, adultery is their size. A relationship without getting into sexual relations, adultery is not considered. For example, flirting, talking to others, texting, kissing, hugging, or otherwise engaging in sexual intimacy is not considered adultery, but is considered a trust-breaking behavior. In this regard, the existence of cases of adultery, but not reaching the size of the case, as grounds for divorce TMC m. shaking the foundation of the marriage union organized in 166/1, or TMK m. a divorce can be filed on the basis of the reason for living an undignified life, which was regulated in 163.
WHAT ARE THE CONDITIONS FOR FILING A DIVORCE FOR ADULTERY?
If the spouses want to rely on the cause of adultery, which is the specific reason for the divorce, when filing for divorce, some conditions must be met for this. First dec all, there must be a valid marital relationship between the spouses. A marriage must be made by official institutions, that is, it is necessary to be married in an official marriage. A divorce can be filed based on adultery committed by the other spouse in the official marriage union. If the spouses live separately from each other and a divorce decision has not been officially made in their rights, in this case, a divorce case may be filed based on the adultery of the other spouse. Because in this case, since the marriage union officially continues, the spouses’ obligation of loyalty to each other also continues.
As another condition, the married spouse must commit adultery with someone else or be in a situation where it is considered unlikely that adultery has been committed and be defective in this regard. Adultery, as we explained above, is the sexual act of married individuals with someone other than their partner. In order to be able to withstand the reason for adultery in the divorce case, it is necessary to prove that adultery is the size of sexual intercourse. Otherwise, a lawsuit should be filed based on other reasons, not based on adultery, which is a special reason. In this regard, the size of adultery becomes important for the reason on which the divorce case will be filed will be based. At the same time, the spouse must be defective when committing the act of adultery. If the spouse is under severe threat when committing the act of adultery, or if there is another aspect that will affect his will in such a way as to remove the defect, then the reason for adultery cannot be based on in this case. In order to be able to speak of adultery, the verb adultery must be intentional.
HOW LONG IS THE TIME TO FILE FOR DIVORCE DUE TO ADULTERY?
The divorce case, which will be opened on the basis of adultery, is connected with the periods of lowering the rights. In other words, these periods are not statute of limitations periods. Therefore, even if the parties do not put forward, the judge will take into account these deadlines on his own. If their deadlines are not met, the case will be dismissed. In the case of a divorce based on adultery, the deadlines are TMK m. in 166, “The right to sue is reduced by six months after the spouse who has the right to sue finds out the reason for the divorce, and in any case five years after the act of adultery. It is arranged as two periods in the form of ””. The main thing here is that after six months have passed since the spouse found out the reason for the adultery, the right to a lawsuit will be dropped. A spouse who wants to divorce for adultery must file this case within six months of learning that the other spouse has committed adultery. Otherwise, he will no longer be able to file a lawsuit based on the reason for adultery. Another period, which is in any case five years after the commission of the act of adultery, is no longer based on the cause of adultery has also been determined as a period of humiliation of rights. For example, if the date of the spouse’s finding out the reason for adultery is 4 years and 11 months after the other spouse committed the act of adultery, the spouse has a 1-month, not 6-month period for filing a lawsuit based on the reason of adultery. Because in any case, after five years have passed since the act of adultery was committed, there will no longer be a case.
CAN THE PARDONING PARTY FILE FOR DIVORCE FOR ADULTERY?
According to Article 163/3 of the Turkish Civil Code, the pardoner has no right to file for divorce for adultery. However, in order for the right to sue based on the cause of adultery to be dropped here, the pardoning spouse must forgive after the act of adultery has occurred. The forgiveness of the spouse before the act of adultery or the consent of the spouses to each other’s adultery in this case does not apply as forgiveness. But if the other spouse forgives this situation after learning about the act of adultery, the pardoning spouse has no right to file for divorce based on the reason for adultery. The opinion of the Supreme Court is also that the pardoning party does not have the right to file a lawsuit.
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