A divorce lawsuit is a legal action filed by one or both spouses to terminate the marital union. These cases are divided into two types: uncontested and contested divorce. While uncontested divorce cases are resolved relatively quickly, contested cases may take considerably longer. The Turkish Civil Code classifies grounds for divorce as general and specific.

 

Grounds for Divorce

General Grounds for Divorce:
The only general ground for divorce is the irretrievable breakdown of the marital union (Turkish Civil Code Art. 166/1).

In cases based on this ground, the plaintiff spouse must prove the fault of the defendant. If both parties are equally at fault, divorce may still be granted; however, neither party may claim compensation. A lawsuit filed by a fully at-fault spouse may be dismissed.

Additionally, if a divorce case has been previously rejected and the spouses have been unable to re-establish a common life for three years, the court may grant a divorce (Art. 166/4).

 

Specific Grounds for Divorce:

  • Adultery
  • Attempt on life, ill-treatment, or degrading behavior
  • Committing a crime or leading a dishonorable life
  • Desertion
  • Mental illness

In cases based on specific grounds, the existence of the ground for divorce and the fact that the act was committed by the defendant must be proven. The plaintiff spouse is not required to be faultless.

 

Competent and Authorized Courts
Divorce cases are heard by Family Courts. In places where no Family Court exists, Civil Courts of First Instance act with the authority of a Family Court. The competent court is the court in the place where the spouses last lived together for at least six months or where one of the spouses resides.

 

Types of Divorce Cases

Uncontested Divorce
Uncontested divorce is regulated as a special form of divorce under Article 166/3 of the Turkish Civil Code. For this type of divorce, the spouses must have been married for at least one year. The parties prepare a divorce protocol covering issues such as property division and child custody and submit it to the court. The judge hears both parties and issues a decision. The parties must appear in court in person.

 

Contested Divorce
If one spouse does not wish to divorce or if there are unresolved issues, the case becomes contested. Contested divorce cases are divided into two categories:

Contested Divorce Based on General Grounds:
The irretrievable breakdown of the marital union may serve as the basis for the lawsuit.
If the case is rejected and the spouses fail to re-establish a common life for three years, the court may grant a divorce.

Contested Divorce Based on Specific Grounds:

  • Adultery: A lawsuit must be filed within 6 months from the date of discovery and, in any case, within 5 years. A spouse who has forgiven the act cannot file a lawsuit.
  • Attempt on life, ill-treatment, or degrading behavior: The lawsuit must be filed within 6 months.
  • Committing a crime or leading a dishonorable life: If one spouse commits a disgraceful crime or leads a dishonorable life, the other spouse may file for divorce at any time.
  • Desertion: The abandoning spouse must have failed to return to the shared residence for at least 6 months and must not return despite formal notice.
  • Mental illness: It must be proven by a medical report that the illness makes common life unbearable and that recovery is not possible.

 

Legal Consequences of Divorce

  • Surname: The woman reverts to her maiden name after divorce but may continue using her former spouse’s surname by court decision.
  • Compensation: The spouse who is not at fault or less at fault may claim material and moral compensation.
  • Custody: Determined based on the best interests of the child. The opinion of children aged 8 and above may be considered.
  • Alimony: Spousal support (poverty alimony) and child support (participation alimony) may be awarded.
  • Property Division: Assets are divided according to the legal property regime. If no specific regime has been chosen, the regime of participation in acquired property applies.
  • Inheritance Rights: Divorced spouses are no longer legal heirs of one another.

 

Court of Cassation Decisions

  • Disputes in Uncontested Divorce: Even if the parties initially agree in court, failure to comply with agreed terms may lead to a contested divorce process.
  • Inheritance Rights: If one of the spouses dies during the proceedings, the case becomes moot. However, if a judgment has been rendered but not yet finalized before the death, the heirs may participate in the proceedings with respect to fault.