Divorce

Divorce reasons can be classified as general divorce reasons and special divorce reasons. Special divorce reasons are those specifically regulated by law, while divorce due to the breakdown of the marriage union, as stipulated in Article 166 of the Civil Code, is a general divorce reason.

SPECIAL DIVORCE REASONS:

1. Adultery

   It occurs when one of the spouses willingly engages in sexual intercourse with a person of the opposite sex while the marriage union is ongoing.

2. Attempted Murder, Severe Ill-Treatment, or Degrading Behavior

   Each spouse can file for divorce if they have been subjected to attempted murder, severe ill-treatment, or behavior that severely undermines their dignity by the other spouse.

3. Committing a Degrading Offense or Leading a Dishonorable Life

   Only offenses deemed degrading can constitute a divorce reason. Offenses such as fraud, theft, fraudulent bankruptcy, and sexual offenses are generally considered degrading. Leading a dishonorable life includes activities like managing a brothel, alcoholism, gambling, or engaging in prostitution. It’s important to note that a one-time dishonorable act does not constitute grounds for divorce under this provision.

4. Desertion

   It is a special, absolute, and fault-based reason for divorce. To file for divorce due to desertion:

   • One spouse must abandon the common residence (common life) with the intention of not fulfilling the duties assigned to them within the marriage.
   • The desertion must have lasted for at least six months.
   • The abandoning spouse must be warned by the court, and despite this, they do not return.

5. Mental Illness

   Mental illness is a special, relative, and naturally faultless reason for divorce. For divorce to be granted due to mental illness:

   • The mental illness must have existed during the marriage.
   • It must be confirmed by an official health board report that the mentally ill spouse will not recover.
   • The mental illness must have made the common life unbearable for the other spouse. There is no time limit for filing a lawsuit based on this reason.

GENERAL DIVORCE REASONS:

1. Irretrievable Breakdown of Marriage: Either spouse can file for divorce if the marriage union has been irretrievably broken to the extent that they cannot be expected to continue living together.

2. Mutual Agreement of the Spouses (Consensual Divorce): It is assumed that the spouses have reached an agreement on divorce if they have agreed to divorce, and it is deemed hypothetical that the marriage union has been irretrievably broken.

   Conditions for consensual divorce:

   • The marriage must have lasted for at least one year.
   • For a consensual divorce, the spouses must either jointly apply to the court or one spouse must accept the divorce petition filed by the other.
   • The judge must find the agreement made by the parties (divorce protocol) acceptable after hearing the parties in person.

3. Inability to Establish Common Life or Physical Separation: For a divorce decision to be made based on this general reason:

   • A previous divorce petition based on any reason must have been rejected.
   • At least three years must have passed since the rejection of the petition, and during this time, for any reason whatsoever, the common life could not be established.
   • One of the spouses must have filed for divorce.