In the event that continuation of the marriage is no longer possible for one or both of the spouses, the parties may apply to Family Court for a divorce or legal separation.

Separation is the actual termination of cohabitation during continuation of marriage. A legal separation might be granted either in the form of a court order or upon de facto termination of cohabitation by the
spouses without a court order.

Whatever the grounds for legal separation, responsibilities of the spouses towards each other and the child shall survive legal separation. Court intervention might be sought when required. Depending on requirements of the circumstance, the court makes arrangements as measures on alimony, family dwelling and child custody.

In case either spouse is exposed to violence by the other spouse, the judge may set required preventive measures as per the Law on Protection of the Family. Court may order the abusing spouse to vacate the
home. Arrangements might be made on alimony and other issues along with such order as a remedial measure.

A marriage contract may be terminated only upon a judicial order. Causes of divorce are divided into two main categories: “irreconcilable differences” considered as a common cause of divorce, and any other
causes which are considered as “specific causes” of divorce.

Cases regarded as a cause of Irreconcilable Differences are not restricted in the law. Any event might cause irreconcilable differences. However, it is at the judge’s discretion whether or not the concerned event may be considered viable grounds for divorce resulting from irreconcilable differences. The judge grants a divorce order if he/she concludes upon evaluation of the alleged issues that irremedial breakdown of the marriage exists; otherwise, the case is dismissed by the judge.

Certain cases handled by the High Court, on such grounds as dwelling with the parents-in-law instead of living as a couple, certain health problems making cohabitation intolerable for either spouse are considere d as circumstances which might be viable grounds for irreconcilable differences leading to irremedial breakdown of the marriage. However, the common causes of divorce are of dynamic nature. Such grounds might lose importance within the ordinary course of life; they might be replaced by new events. Fault is another important issue which is to be taken into consideration in actions to be filed on the grounds of irreconcilable differences as a common cause of divorce. In a divorce action, an appeal might be filed against the plaintiff’s claim on “fault” grounds. If the court holds upon the appeal that the plaintiff spouse is at fault or his/her fault is heavier, it may dismiss the divorce case even in spite of irremediable breakdown of the marriage. Therefore, fault is a very important concept in Turkish divorce law. It has a key role in evaluation of a divorce case as well as in negotiation of alimony and divorce settlement.

Specific Causes of Divorce

Uncontested Divorce: The law defines uncontested divorce as an absolute cause of divorce on the condition of applying to the court under certain circumstances. An uncontested divorce may be granted only if the marriage has lasted at least one year; the parties personally declare before the judge their intent to get divorced, and they have agreed upon conditions of divorce.

Inability to rebuild conjugal community: If conjugal community cannot be rebuilt after three years from finalization of a claim for divorce which is filed between the parties and dismissed fo r any reason, a new claim to be made by the spouse, who shall apply to the court for divorce after this three -year period,
shall be accepted by the judge, and a divorce order shall be granted.

Desertion: Abandonment by either spouse with intent not to resume relations despite the other’s invitation for continuation of marriage;

Extramarital Sex: The state in which either spouse engages in sexual activity with someone other than his/her spouse;

Attempt on spouse’s life and domestic violence: Attempt of either spouse on the other’s life or physical or psychological abuse;

Criminal behaviour and dishonorable conduct: The state in which either spouse commits a discreditable crime;

Mental illness: The state in which either spouse has a mental illness which makes it intolerable for the other spouse to continue marriage.

It is of importance that causes of divorce must be valid at the time of the divorce action. For instance, disloyalty which took place between the parties years ago and ignored by either s pouse is dismissed as per the rules of High Court and not taken into consideration.