General Grounds for Divorce: Fundamental Legal Framework for Dissolution

Within the Turkish legal system, the procedure for the dissolution of marriage is strictly governed by the Turkish Civil Code (TCC) No. 4721. The grounds for divorce are established as mandatory provisions and are exhaustively enumerated (numerus clausus); consequently, a petition for divorce cannot be filed based on reasons not expressly stipulated by law. In legal doctrine, these grounds are classified into two primary categories: according to their subject matter (Special vs. General) and according to their legal effect (Absolute vs. Relative).

This article examines the General Grounds for Divorce, often referred to in public discourse as "irreconcilable differences" or the "breakdown of the marriage," which constitute the most frequent basis for litigation.

Defining General Grounds for Divorce

Unlike special grounds (such as adultery or attempts on life), general grounds for divorce do not rely on a single, specific factual occurrence. These grounds encompass a wide range of circumstances that may lead to the fundamental breakdown of the marital union, which cannot be predetermined in a standardized manner for every marriage. Under Article 166 of the TCC, these general grounds include:

• Fundamental breakdown of the marital union (TCC Art. 166/I-II).

  
  

• Consensual (Uncontested) divorce (TCC Art. 166/III).

  
  

• Divorce due to de facto separation (TCC Art. 166/IV).

1. Fundamental Breakdown of the Marital Union (TCC Art. 166/I-II)

This is the most common ground for divorce in judicial practice. The statutory provision states:

"If the marital union is fundamentally undermined to such an extent that the spouses can no longer be expected to maintain a common life, either spouse may file for divorce."

Key Characteristics:

• Relative Ground: It is not sufficient merely to prove an occurrence (e.g., lack of interest); it must also be demonstrated that this occurrence has rendered the common life "unbearable" for the other spouse.

• Judicial Discretion: The presiding judge determines whether the events in question have fundamentally undermined the marriage. In exercising this discretion, the judge draws upon judicial precedents and scholarly legal opinions.

• Broad Scope: A vast array of facts, such as verbal abuse, breach of trust, or disrespectful behavior toward the spouse's family, may fall within this category.

2. Consensual (Uncontested) Divorce (TCC Art. 166/III)

This occurs when spouses mutually agree to terminate the marriage, having reached a settlement on the financial consequences and the status of any children. The law classifies this as an absolute ground for divorce.

Requirements for Consensual Divorce:

• Duration: The marriage must have lasted for at least one year.

  
  

• Joint Application: The spouses must apply together, or one spouse must accept the petition filed by the other.

  
  

• Personal Declaration before the Court: Spouses must personally declare their intent to divorce before the judge.

  
  

• Protocol (Settlement Agreement): The judge must approve the arrangements regarding the financial consequences (alimony, compensation) and the custody of children.

In this scenario, the judge does not investigate whether the marriage has fundamentally broken down; if the statutory conditions are met, a divorce decree is granted.

3. Divorce Due to De Facto Separation (TCC Art. 166/IV)

Commonly known as "divorce following a three-year separation," this process follows a previously dismissed divorce petition.

Conditions for De Facto Separation:

• A prior petition for divorce, filed on any ground, must have been dismissed by the court.

  
  

• A period of three years must have elapsed since the dismissal became final and binding.

  
  

• During this three-year period, the spouses must have failed to re-establish a "common life".

Upon fulfillment of these conditions, the marital union is legally presumed to have fundamentally broken down, and a divorce is granted upon the request of either spouse. This is an absolute ground; if the three-year separation is proven, the judge is mandated to grant the divorce.

Conclusion: Critical Considerations in Legal Proceedings

Divorce proceedings are not merely an emotional separation but a legal process with significant financial and civil consequences. When filing based on general grounds, particularly the "fundamental breakdown of the marriage," the proper substantiation of facts (through witness testimony, digital records, and other evidence) is of vital importance.

Whether the process is contested or uncontested, it must be managed professionally to prevent the loss of legal rights. Issues such as child custody, child support (participation alimony), spousal support (indigence alimony), and pecuniary or non-pecuniary damages are the most critical elements of the litigation.

For your divorce cases, custody disputes, and the drafting of settlement protocols in the Antalya region, you may seek professional legal assistance and consultation from lawyers registered with the Antalya Bar Association to understand your statutory rights and ensure the proceedings are conducted in accordance with procedural law.

Note: This article has been prepared in light of the Turkish Civil Code No. 4721 and the prevailing precedents of the Court of Cassation Assembly of Civil Chambers.