Definition of Serious Fault
A serious fault is a spouse’s serious actions that violate the basic requirements of the marriage union and cause emotional, physical or economic harm to the other party. Such faults eliminate the sustainability of the marriage and require divorce.
Behaviors Considered as Serious Fault
Adultery (Cheating)
The infidelity of one spouse, that is, cheating on the other, is one of the most common and serious reasons for a divorce case. Adultery is generally considered a serious fault because it leads to a loss of trust, emotional damage and the fundamental deterioration of the marriage union.
Physical Violence or Attempt on Life
A spouse’s physical violence against the other, violent fights or attempted murder are considered serious faults. Similarly, threats of death or attempts on the life of a spouse are also among the reasons for divorce.
Psychological Violence and Insult
Continuous insults, humiliations, psychological pressure or degrading behaviors can make a marriage union unbearable. Such actions are considered psychological violence and can be considered serious faults.
Committing a Crime and Living a Dishonorable Life
A spouse living a disgraceful life in society or committing a crime, such as theft or fraud, constitutes a serious fault for divorce. Such behaviors fundamentally undermine the marital union and lead to a loss of trust.
Abandonment (Neglecting the Family)
When one spouse abandons the other and does not return home for a long time (usually more than 6 months), this can be considered grounds for divorce. Not meeting the material and spiritual needs of the home and not taking care of the family are also considered serious faults.
Alcohol or Substance Addiction
Behaviors such as severe alcohol addiction or substance use can make a marriage unsustainable. This situation is considered among the serious faults that will justify divorce.
Sexual Disinterest or Reluctance
A spouse’s refusal to have sexual intercourse for a long time and a constant lack of interest in this regard can be considered a fault that can justify divorce.
Consequences of Gross Fault
The spouse at serious fault may generally be obligated to pay alimony in the divorce case and may have fewer rights in the division of property. In addition, a decision may be made against the party at serious fault regarding the custody of the children.
Alimony: The spouse at serious fault may be obligated to pay alimony.
Custody: It may be difficult for the spouse at serious fault to obtain custody regarding the care and education of the children.
The determination of gross fault in the divorce case is related to actions that make the marriage unsustainable and cause serious harm to the other party. It is possible that the spouse at serious fault may have results in favor of the other spouse in the divorce case. However, each situation is unique and the court will make a decision based on concrete evidence. Therefore, it is an important step to get legal assistance from an attorney before filing for divorce.