Divorce Grounds in Turkish Law | Adv. Ozan Soylu
Divorce Grounds in Turkish Law
Turkish family law doesn’t allow divorce simply because spouses want to separate. The legal system requires specific grounds or reasons for ending a marriage, particularly in contested divorce cases. Understanding these grounds is essential for anyone considering divorce in Turkey.
General Grounds for Divorce
The most commonly invoked ground is the breakdown of the marriage, covered under Article 166 of the Turkish Civil Code. This provision allows divorce when the marital union has deteriorated to such an extent that maintaining it has become unbearable for one or both spouses, and reconciliation cannot be expected.
This ground doesn’t require proving specific wrongdoing by either party. Instead, the court examines whether the marriage has reached a point where continuation would be intolerable. Evidence might include prolonged separation, complete breakdown of communication, or fundamental incompatibility that makes shared life impossible.
The court considers various factors when evaluating this ground, including the duration of marriage, whether children are involved, the couple’s ages, and each party’s economic situation. Judges have considerable discretion in these cases, weighing all circumstances before reaching a decision.
Specific Grounds for Divorce
Beyond the general breakdown provision, Turkish law recognizes several specific grounds that justify divorce. These grounds provide clearer paths to divorce when particular violations of marital duties have occurred.
Adultery
Adultery remains one of the most straightforward grounds for divorce in Turkey. When a spouse engages in sexual relations with someone outside the marriage, the innocent party has the right to file for divorce. The law doesn’t require ongoing infidelity; even a single incident constitutes sufficient grounds.
Proving adultery can be challenging, as direct evidence is rarely available. Courts accept circumstantial evidence, including photographs, witness testimonies, messages, or other documentation suggesting an extramarital affair. Private investigators’ reports are sometimes used, though they must be obtained through legal means.
The innocent spouse must file within six months of discovering the adultery. This time limit is strict, and failure to meet it may result in losing the right to cite this specific ground, though other grounds might still apply.
Domestic Violence and Abuse
Physical violence, threats, or severe psychological abuse constitute grounds for immediate divorce. Turkish courts take domestic violence allegations very seriously, and proving such conduct can expedite divorce proceedings significantly.
Evidence in these cases includes medical reports documenting injuries, police reports, witness statements, and restraining orders. Even without physical violence, severe verbal abuse or psychological torment that makes continuation of marriage unbearable can serve as grounds for divorce.
Victims of domestic violence should document incidents as they occur and seek medical attention when injuries occur. These records become crucial evidence in divorce proceedings and can also influence decisions about child custody and alimony.
Abandonment
Abandonment occurs when one spouse leaves the marital home without justification and refuses to return. Turkish law requires at least six months of continuous absence before this ground becomes actionable. The abandoning spouse must have left without valid reason and with the apparent intention of ending the marital relationship.
Valid reasons for leaving might include domestic violence, adultery by the other spouse, or other serious misconduct. In such cases, departure doesn’t constitute abandonment but rather justified separation.
Courts examine whether attempts at reconciliation were made and whether the departing spouse maintained any contact or provided financial support. Complete abandonment of both physical presence and marital responsibilities strengthens this ground.
Criminal Conviction
When a spouse is convicted of a crime and sentenced to imprisonment for at least three years, the other spouse may file for divorce. This ground recognizes that long-term imprisonment fundamentally disrupts marital life and creates an unbearable situation for the non-imprisoned spouse.
The conviction must be final, meaning all appeal processes have concluded. Not all crimes qualify; the offense must be serious enough to warrant at least three years imprisonment under Turkish law.
Mental Illness
Severe mental illness that makes marital life unbearable can constitute grounds for divorce. However, this ground comes with strict requirements designed to protect vulnerable individuals from premature abandonment.
The illness must be severe enough to prevent normal marital relations, and medical experts must testify that recovery is unlikely. Courts require comprehensive psychiatric evaluations and often mandate counseling attempts before granting divorce on this basis.
Burden of Proof
The spouse filing for divorce bears the responsibility of proving their claims. In contested divorce cases, solid evidence is essential. Mere allegations without supporting documentation rarely succeed in Turkish courts.
Different grounds require different types of evidence. Some, like adultery or domestic violence, demand concrete proof. Others, like general breakdown of marriage, rely more on demonstrating a pattern of problems that have made the relationship untenable.
Working with experienced legal counsel helps ensure proper evidence collection and presentation. Understanding what evidence courts find persuasive for specific grounds can make the difference between a successful and unsuccessful divorce petition.
Strategic Considerations
Choosing which ground to cite in your divorce petition requires strategic thinking. Multiple grounds might apply to your situation, but some offer stronger legal positions than others based on available evidence.
The general breakdown provision often serves as a catch-all when specific grounds are difficult to prove conclusively. However, successfully proving specific grounds like adultery or abandonment can influence other aspects of the case, such as alimony or property division.
Some grounds carry implications beyond simply obtaining the divorce. For instance, proving fault may entitle the innocent spouse to higher compensation or affect custody decisions. These secondary effects make ground selection an important tactical decision.
International Considerations
When foreign nationals are involved, additional complexities arise regarding which country’s grounds for divorce apply. Turkish courts generally apply Turkish law when hearing cases within their jurisdiction, but international treaties and bilateral agreements sometimes modify this rule.
Understanding how Turkish divorce grounds compare to those in your home country becomes important, especially if you need the divorce recognized abroad. Some countries have different requirements or don’t recognize certain grounds accepted under Turkish law.
Related Article:
What are the Types of Divorce in Turkey?
Legal Support for Your Divorce Case
Soylu Law provides comprehensive divorce legal services in Istanbul, handling cases based on all recognized grounds under Turkish family law.
Our practice regularly assists foreign nationals navigating Turkey’s divorce system, with particular expertise in international documentation and apostille procedures.
We manage cross-border legal processes efficiently, ensuring that language barriers and unfamiliar procedures don’t prevent you from protecting your rights.
For more assistance or consultation on this matter, you can contact us.
Divorce Grounds in Turkish Law
