Divorce due to adultery

Divorce Due to Adultery – Lawyer in Izmir

One of the most important obligations imposed on the parties by the marriage union is fidelity to each other. The concept of fidelity also requires that spouses be faithful to each other sexually. Although non-sexual infidelity is also considered adultery in popular usage, the term adultery is used in a narrower sense in practice. Divorce case due to adultery. TMK This is regulated in article 161.  

What are the conditions for a divorce case based on adultery?

1. If one spouse commits adultery, the other spouse can file for divorce. 

2. The right to file a lawsuit expires six months after the spouse entitled to file the lawsuit learns of the grounds for divorce, and in any case, five years after the act of adultery. 

3. The forgiving party has no right to sue. 

What actions are considered adultery? 

For a divorce case to be filed on the grounds of adultery, an act of adultery must, of course, have occurred. So, what are the circumstances considered adultery under the law? The law does not define adultery. However, in legal doctrine, adultery is defined as follows: "Adultery is when one spouse, while the marriage is ongoing, willingly engages in sexual intercourse with a person of the opposite sex." In other words, the existence of sexual intercourse is required for the act of adultery to be proven. Actions such as kissing, hugging, or exchanging messages with a person of the opposite sex are outside the scope of adultery. The act of adultery must absolutely have been committed with a person of the opposite sex. Sexual contact between a woman and a woman, or between two men, does not fall under the scope of adultery. In such cases, our laws allow for a divorce case to be filed based on the grounds of the marital union being fundamentally shaken or leading a dishonorable life. 

For adultery to constitute grounds for divorce, it must be committed knowingly and willingly. Adultery is a fault-based ground for divorce. Therefore, sexual intercourse committed by force or under the influence of blood does not fall under the category of adultery.  

Is continuity of relationship required to file for divorce on the grounds of adultery? 

For adultery to be considered, it is sufficient for the act to have occurred only once; repetition is not necessary. It is not mandatory for the spouse committing adultery with someone with whom they have a romantic relationship. In this context, if one spouse has intercourse with a complete stranger, or with a prostitute in a hotel or brothel, it also falls under the category of adultery. Consent is not required for the act of adultery to be considered. Consequently, sexual assault or sexual abuse will also be considered an act of adultery.   

Is there a statute of limitations for divorce cases based on adultery? 

According to Article 161/2 of the Turkish Civil Code, the right to file a lawsuit for divorce expires six months after the spouse entitled to file the lawsuit learns of the grounds for divorce, and in any case, five years after the act of adultery. These periods are forfeiture periods, and the divorce lawsuit must be filed within these periods. Otherwise, the lawsuit will be dismissed on procedural grounds. If the act of adultery occurred more than once, the period begins to run from the last act. As long as the adultery continues, the forfeiture period is not considered to have expired. 

According to Article 161/3 of the Turkish Civil Code, "The forgiving party has no right to sue." A spouse who forgives adultery can no longer file for divorce based on this fact. The act of forgiving can be implicit or explicit. The spouse who was unfaithful may explicitly declare their forgiveness in front of witnesses, or continue the marriage after the incident, which is also an indication of implicit forgiveness. 

Divorce grounds are divided into two categories: specific and general grounds. Adultery is a specific ground for divorce. If the plaintiff proves the act of adultery, the court will grant a divorce regardless of other faults of the parties. 

What are the principles accepted by the Supreme Court of Turkey regarding the proof of adultery?

1. If a man or woman brings someone of the opposite sex into their shared residence while alone, this indicates adultery. In this case, adultery is considered proven. 

2. If one spouse regularly speaks on the phone day and night with someone of the opposite sex, this indicates adultery. 

3. If one spouse has a child with another person outside of marriage, the act of adultery (cheating) is proven. 

The court freely evaluates all evidence in a divorce case based on adultery. The family court is not bound by conclusive evidence. After all the evidence has been collected, it decides whether or not the act of adultery occurred. 

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