Are Committing a Crime and Leading a Dishonorable Life Grounds for Divorce?

Article 163 of the Turkish Civil Code provides that if one spouse commits a disgraceful crime or leads a dishonorable life, the other spouse may file for divorce if it is unreasonable to expect them to continue the marriage. These are considered relative grounds for divorce; in each case, the court assesses whether the marital union has been fundamentally undermined.

Simply committing a crime or leading a dishonorable life is not sufficient on its own. The spouse seeking divorce must prove that these behaviors have made the marriage intolerable and that continued cohabitation cannot reasonably be expected. In Ankara family courts, both the proof of events and the breakdown of the marriage are evaluated together in cases based on Article 163.

Short Answer: Leading a dishonorable life refers to a pattern of negative behaviors that are contrary to general moral standards and the requirements of marriage, and that have become habitual and ongoing. This lifestyle must reach a level that makes it unbearable for the other spouse to continue the marriage.

Information: Whether someone is leading a dishonorable life is assessed on a case-by-case basis and determined by the court. Concrete evidence must be presented during the legal process.

Examples of leading a dishonorable life include: a spouse regularly engaging in nightlife, failing to fulfill family responsibilities, habitually engaging in behaviors generally condemned by society, or involvement in prostitution or similar acts. Additionally, committing a disgraceful crime may also be a ground for divorce under Article 163.

To file for divorce based on committing a crime or leading a dishonorable life, these behaviors must have occurred after the marriage began. If the crime or lifestyle existed before marriage and was known and accepted by the other spouse, it cannot be used as a ground for divorce.

Before filing for divorce, the act of committing a crime or leading a dishonorable life must have occurred within the marriage and after its commencement. When applying to the court, these behaviors must be demonstrated with concrete evidence as having made the marriage intolerable.

The spouse seeking divorce must prove that continued cohabitation cannot reasonably be expected and that the behaviors are ongoing. In Ankara family courts, evidence such as witness statements, official documents, and social investigation reports may be used.

A common misconception is that a single negative act or one-time crime is sufficient for divorce. However, the court considers the continuity of the behaviors and their impact on the marriage. Also, crimes or lifestyles known before marriage cannot later be used as grounds for divorce.

In a decision by the 2nd Civil Chamber of the Court of Cassation, it was stated that the plaintiff knew about the defendant's crime committed before marriage, and therefore the divorce claim was rejected. In Ankara family courts, for divorce cases based on Article 163, both the crime or dishonorable life must have begun after marriage and the marital union must have been fundamentally undermined.

In each case, the nature of the crime, the continuity of the behaviors, and their impact on the marriage are thoroughly evaluated. Seeking legal advice before filing a lawsuit is important for a proper process.