In the Turkish Civil Code, grounds for divorce are regulated under two main categories: special and general. This article examines the special grounds for divorce. The general ground for divorce, known as the fundamental breakdown of the marital union due to severe incompatibility, is the subject of another article.

1. Adultery:

Article 161 - “If one of the spouses commits adultery, the other spouse may file for divorce.
The right to file suit expires if not brought within six months of the date on which the entitled spouse learned of the ground for divorce and, in any event, five years after the act of adultery occurred.
The forgiving party has no right to file suit.”

If one spouse commits adultery, the other spouse can file for divorce. A divorce case based on adultery must be filed within 6 months of learning about the act of adultery and, in any case, within 5 years of the act itself.

Adultery is when a married person has sexual intercourse with someone other than their spouse. In practice, situations like flirting, messaging, hugging, or kissing are not considered adultery on their own but can be grounds for the breakdown of the marital union. In other words, such situations can also be grounds for divorce.

While the deceived spouse can file a lawsuit based on adultery, the spouse who committed adultery cannot file based on this reason.

Time limits are crucial in divorce cases based on adultery. If the lawsuit is not filed within 6 months after learning about the act of adultery, a divorce case based on that specific act cannot be filed later unless the act is repeated. Furthermore, regardless of when the act was discovered, the right to sue expires 5 years after the act of adultery occurred. The time limits mentioned in the article regulating adultery are forfeiture periods (hak düşürücü süre). As known, a forfeiture period is an objection that can be raised by the parties at any stage of the proceedings and can also be considered by the court ex officio. However, a statute of limitations (zamanaşımı), which is a defense (defi), can only be raised by the parties at the beginning of the proceedings. Defenses not raised at all or not raised in time cannot be considered by the court ex officio.

The spouse alleging adultery is obligated to prove the claim. An adultery lawsuit cannot be based on abstract statements or suspicion. Hotel records, messages, emails, witness testimonies, photos, videos, etc., are primary means of proof.

If the spouse who committed adultery is forgiven, a divorce case based on adultery cannot be filed. If the spouses continue to live together after learning about the act of adultery, it implies forgiveness. Forgiveness can be expressed explicitly (written or verbal statement) or implicitly (e.g., continuing to live together).

If the act of adultery is proven, the court will decide on the divorce. Upon request, and considering the parties' economic and social situations, material and non-material damages may be awarded to the deceived spouse. Issues like alimony and custody (if there are minor children) are also decided.

According to the law, each spouse or their heirs are entitled to half of the surplus value belonging to the other spouse. Debts are offset. In case of divorce due to adultery or attempt on life, the judge may decide, in equity, to reduce or eliminate the share of the faulty spouse in the surplus value. Division of property is subject to the same principles.

The second paragraph of TCC Art. 236 stipulates that if a divorce is granted due to adultery or attempt on life, the judge may, in equity, reduce or eliminate the faulty spouse's share in the surplus value. This is because the fundamental logic of the participation in acquired property regime is that spouses have equal rights over assets acquired during the marriage. However, the legislator added this provision in the second paragraph, considering that situations where the marriage ends due to adultery or attempt on life do not align with this fundamental logic.

2. Attempt on Life, Grave Maltreatment, or Egregious Insult:

Article 162 - “Either spouse may file for divorce if the other attempts on their life, subjects them to grave maltreatment, or commits an egregious insult against them.
The right to file suit expires if not brought within six months of the date on which the entitled spouse learned of the ground for divorce and, in any event, five years after the cause arose.
The forgiving party has no right to file suit.”

If one spouse attempts on the other's life, mistreats them severely, or engages in insulting behavior, it is considered grounds for divorce. In this case too, the right to sue expires 6 months after learning of the reason, and in any event, 5 years after the incident.

Attempt on life means one spouse directly or indirectly attempting to end the other spouse's life. Poisoning, shooting with a firearm, stabbing, forcing suicide, attempting strangulation, etc., are serious physical attacks constituting examples of attempt on life.

Inhumane, severe mistreatment such as physical or psychological torture, starvation, locking up, or continuous violence are defined as grave maltreatment.

Egregious insult is also a ground for divorce under Article 162. Behaviors like insults, slander, public humiliation, shaming within the social circle, and attacks on sexual honor are considered egregious insults.

The victim spouse must file the lawsuit within 6 months from the date they learned of these behaviors, and in any case, within 5 years from the date the act was committed. These are forfeiture periods, and if the lawsuit is not filed within these periods, it will be dismissed based on the forfeiture period.

If the victim spouse explicitly forgives the spouse for behaviors that also constitute crimes, they lose the right to file for divorce based on these reasons. Forgiveness can be explicit or implicit. Behaviors like continuing to live together, messaging, or maintaining the relationship are examples of implicit forgiveness.

Physical violence can be proven with hospital reports, assault reports, police records, investigation or prosecution files. Actions like threats, insults, and humiliation can be proven with messages, voice recordings, social media posts, camera footage, witness statements, and confessions made by the perpetrator before official authorities.

3. Commission of Crime and Dishonorable Life:

Article 163 - “If one of the spouses commits a degrading crime or leads a dishonorable life and, due to these reasons, living together becomes unbearable for the other spouse, that spouse may file for divorce at any time.”

A divorce lawsuit based on "commission of crime and dishonorable life" is regulated in Article 163 of the Turkish Civil Code. It grants the other spouse the right to divorce if one spouse engages in behavior considered seriously immoral by society or commits an ignominious crime.

The spouse must have committed a serious crime, and this crime must fundamentally shake the marital union. Crimes such as theft, fraud, forgery, bribery, sexual assault, drug trafficking, homicide, etc., must have been committed, and this situation must make the continuation of the marriage unbearable for the other spouse.

The spouse must persistently adopt a lifestyle considered contrary to general morality by society. Engaging in prostitution, using drugs, gambling addictively, being an alcoholic, etc., are examples of leading a dishonorable life.

4. Desertion:

Article 164 - “If one of the spouses deserts the other with the intention of not fulfilling the obligations arising from the marital union or does not return to the common residence without a justified reason, and the separation has lasted for at least six months, this situation continues, and a warning issued upon request by a judge or notary remains fruitless; the deserted spouse may file for divorce. A spouse who forces the other to leave the common residence or prevents their return without a justified reason is also considered to have deserted.
Upon the request of the entitled spouse, the judge or notary, without examining the merits, shall warn the deserting spouse in the notification that they must return to the common residence within two months and about the consequences of not returning. This notification shall be made by public announcement if necessary. However, a request for notification cannot be made before the end of the fourth month of the specified period for filing for divorce, and the lawsuit cannot be filed until two months have passed after the notification.”

If one spouse deserts the common residence for at least 6 months without a justified reason and with the intent of not fulfilling marital obligations, the deserted spouse can apply to the court.

Three conditions are required to file for divorce based on desertion: First, the deserting spouse must have left the common residence for at least 6 months against the will of the deserted spouse. Second, the deserted spouse must send a formal notice (ihtarname) via a notary, inviting the deserting spouse to resume living together. This notice must state that they should return to the marital union, come to the common residence, and specify that a divorce lawsuit will be filed otherwise. Third, the spouse must not have returned despite the notice. If the spouse does not return within 2 months after the notice is served, the deserted spouse gains the right to file for divorce.

5. Mental Illness:

Article 165 - “If one of the spouses suffers from a mental illness which makes common life unbearable for the other spouse, that spouse may file for divorce, provided that an official health board report establishes that the illness is incurable.”

Mental health is one of the special grounds for divorce, regulated in TCC Article 165. If one spouse develops a mental illness that makes the continuation of the marriage unbearable for the other, and this illness is incurable, it is considered grounds for divorce. Temporary psychological disorders are not grounds for divorce. Mental illnesses such as schizophrenia, severe depression, bipolar disorder, dementia, paranoia, etc., are grounds for divorce in this context. The mental illness must be permanent or long-lasting. Two conditions must coexist: First, the mental illness must make continuing the marriage unbearable for the other spouse. Divorce is not granted simply because the illness exists; the illness must seriously disrupt married life. Second, the illness must be incurable. An official health board report stating that the illness cannot be treated or recovery is impossible must be obtained. In practice, this claim is typically proven with an expert panel report obtained from the Forensic Medicine Institute or a state hospital.