Grounds for Divorce (Boşanma Sebepleri)

Divorce in Turkey is governed by the Turkish Civil Code No. 4721. The law regulates when and how a marriage can be legally dissolved by a court decision.
These require specific misconduct by one spouse:
1. Adultery (Zina) — One spouse commits adultery; the aggrieved spouse must file within specific time limits (generally within 6 months of learning of it and within 5 years of the act).
2. Attempt on Life / Severe Maltreatment / Humiliating Conduct — Violence, attempted murder, serious abuse or degradation by one spouse.
3. Committing a Crime or Leading a Dishonorable Life — Persistent criminal behavior or lifestyle incompatible with marital life.
4. Desertion (Terk) — A spouse abandons the marital home for at least 6 months without just cause after a court warning.
5. Mental Illness — Severe, incurable mental illness that makes marital life intolerable (with official medical confirmation).
These are found mainly in Articles 161–165 of the Civil Code.
2. General Grounds for Divorce
Article 166 TMK:
Irretrievable Breakdown of Marriage (Evlilik Birliğinin Temelinden Sarsılması)
If the marital union is so damaged that continuing life together is no longer possible, either spouse can seek divorce. Proof focuses on the actual breakdown — not specific fault — and is the most commonly invoked ground in contested cases.
Consensual (Uncontested/Mutual) Divorce (Anlaşmalı Boşanma)
Both spouses agree to divorce under these conditions:
• The marriage has lasted at least one year (for consensual divorce cases).
• Both spouses either apply together or one spouse accepts the other’s divorce case.
• They agree on all financial issues and arrangements for children.
• The judge personally hears both spouses and approves the agreement as fair and in the children’s best interest.
If approved by the court, the divorce is granted without disputes over fault.
Failure to Re-Establish Common Life (İn the past often 3 years; updated to 1 year)
If a prior divorce attempt was rejected and at least 1 year has passed without re-establishment of marital life, this can serve as evidence that the marriage has irretrievably broken down and justify a new divorce claim.
Procedure & Court Involvement
• Contested Divorce: One spouse sues the other citing a ground above, and a family court examines evidence and applies the law.
• Uncontested Divorce: Court verifies voluntary consent, fairness of arrangements, and children’s interests.
Foreigners & International Aspects
• Non-Turkish spouses can file for divorce in Turkey.
• If divorced abroad, that judgment must often be recognized and enforced in Turkish courts for effects in Turkey.
Consequences of Divorce
Once a divorce judgment is final:
• The marriage is legally dissolved.
• Ex-spouses are free to remarry (subject to any short waiting periods prescribed by Civil Code).
• Property regime and financial rights are settled according to law or the court’s decision.