What are the Specific Grounds for Divorce? A Comprehensive Guide to TCC Articles 161-165

What are the Specific Grounds for Divorce? A Comprehensive Guide to TCC Articles 161-165

Specific Grounds for Divorce: Process Based on Defined Legal Facts

According to the Turkish Civil Code (TCC), filing a divorce petition requires the existence of one of the grounds explicitly stipulated by law. Unlike general grounds for divorce (e.g., irretrievable breakdown of marriage), Specific Grounds for Divorce are based on concrete, pre-defined factual events determined by the legislator. These grounds are numerus clausus (limited in number), and the court is duty-bound to examine whether these specific events have occurred.

1. Adultery (TCC Art. 161)

Article 161: If one of the spouses commits adultery, the other spouse may file for divorce. The right to sue lapses six months after the aggrieved spouse learns of the ground for divorce, and in any event, five years after the act of adultery was committed. The forgiving party does not have the right to sue.

• Definition: Adultery is the voluntary sexual intercourse of a married person with someone other than their spouse during the subsistence of the marriage.

• Absolute Ground: Adultery is an absolute ground for divorce. Once the act is proven, the court must grant the divorce without investigating whether the marriage has become intolerable.

• Statute of Limitations: The right to file a lawsuit expires 6 months after discovery and 5 years after the act.

2. Attempt on Life, Severe Physical Abuse, or Humiliating Treatment (TCC Art. 162)

Article 162: Each spouse may file for divorce if their life is attempted by the other, or if they are subjected to severe physical abuse or gravely humiliating treatment.

This article regulates three distinct types of aggravated fault:

• Attempt on Life (Hayata Kast): The clear manifestation of an intent to kill the spouse.

• Severe Physical Abuse (Pek Kötü Davranış): Grave attacks on physical integrity or health (e.g., torture, brutal battery).

• Gravely Humiliating Treatment (Onur Kırıcı Davranış): Severe insults and attacks intended to degrade the spouse.

• These are absolute grounds; proof of the event is sufficient for a divorce decree.

3. Commission of a Crime and Leading a Dishonorable Life (TCC Art. 163)

Article 163: If one of the spouses commits a humiliating crime or leads a dishonorable life, and as a result, the other spouse cannot be expected to continue the domestic union, that spouse may file for divorce at any time.

• Committing a Humiliating Crime: Cases where a spouse commits an "infamous crime" (e.g., theft, fraud, bribery).

• Leading a Dishonorable Life: A lifestyle that is persistently inconsistent with societal moral standards (e.g., professional gambling, prostitution).

• Relative Ground: It is a relative ground. Simply proving the crime or lifestyle is not enough; it must also be proven that this situation has rendered the common life intolerable for the other spouse.

4. Desertion / Abandonment (TCC Art. 164)

Article 164: If one of the spouses leaves the common domicile with the intent of not fulfilling matrimonial obligations, or fails to return without a valid reason, and the separation has lasted at least six months and remains ongoing, the deserted spouse may file for divorce provided that a formal notice (summons) served via court or notary remains unheeded.

• Statutory Periods: The desertion must last at least 6 months. A formal notice cannot be requested until the 4th month of separation, and the lawsuit cannot be filed until 2 months after the notice is served.

• Absolute Ground: Once the procedural requirements are met, divorce is granted regardless of whether the marriage is "intolerable."

5. Mental Illness (TCC Art. 165)

Article 165: If one of the spouses suffers from a mental illness that makes common life intolerable for the other, and it is determined by an official medical board report that the illness is incurable, that spouse may file for divorce.

• Medical Board Report: It must be documented that the illness is permanent and incurable.

• Relative Ground: The illness must be shown to have rendered the common life intolerable for the plaintiff spouse.

Conclusion: Protection of Legal Rights

Specific grounds for divorce involve highly technical details regarding methods of proof and statutory limitation periods. Whether a ground is "absolute" or "relative" directly impacts the nature of the evidence to be presented to the court.

To prevent the loss of rights in cases based on specific grounds for divorce in the Antalya region, it is advisable to seek legal counsel from divorce lawyers in Antalya for the management of judicial processes.

Note: This article has been prepared for general informational purposes in accordance with the provisions of the Turkish Civil Code No. 4721.