1. Fundamental Shaking of the Marriage Union (Collapse of the Marriage Union)
According to the Turkish Civil Code, a marriage union can be fundamentally shaken due to the serious faults of one of the parties or mutual disagreements. If one of the parties behaves in a way that makes the continuation of the marriage union impossible, the judge may decide to divorce. Such situations may include the following:
Serious Adultery: When a spouse cheats on the other (adultery), it is a situation that will fundamentally shake the marriage. In this case, the judge may immediately decide to divorce.
Physical Violence: When a spouse uses violence against the other, it undermines the foundation of the marriage union. Severe incompatibility is a legitimate reason for divorce.
Attack on Life: When one of the spouses physically harms, attempts to kill or threatens the other, it is also a reason that ends the marriage union.
2. Adultery (Cheating)
If one of the spouses cheats on the other, this situation is considered a legitimate reason for divorce. Adultery is considered a serious fault according to the Turkish Civil Code, and when a divorce case is filed, the judge may decide on a divorce if he/she detects cheating.
3. Abandonment of the Home
A spouse leaving the home for a long period of time and not returning (usually more than 6 months) can make the marriage unsustainable. Abandonment of the home can be considered sufficient grounds for divorce by the judge.
4. Severe Incompatibility (Advanced Incompatibility)
A divorce decision can also be made if severe incompatibility between the spouses or if one of the parties is not willing to continue the marriage. The existence of this situation indicates that the marriage has become unbearable. If the disagreements between the parties are too great and the marriage cannot be sustained, the judge may decide on a divorce.
5. Substance Addiction or Alcoholism
A spouse’s behavior such as alcohol or substance addiction can make the marriage unbearable. If the addiction is not treated and makes the marriage unsustainable, the judge may decide on a divorce.
6. Psychological Violence and Insult
A spouse’s constant insults, humiliation or psychological violence are also serious reasons that make a marriage unsustainable. In this case, the judge may consider psychological violence as a reason for divorce and make a decision.
7. Other Situations That Make the Continuation of the Marriage Unsustainable
One of the spouses living in a way that society cannot accept (for example, committing a crime or violating moral values) is among the serious faults that require divorce. In this case, the judge may decide to divorce due to these behaviors that make the continuation of the marriage impossible.
If the judge evaluates the behaviors of the parties in the divorce case and reaches the conclusion that the marriage is unsustainable, he/she may decide to divorce immediately. However, each case is unique and the judge makes his/her decision based on concrete events, evidence and witnesses. In addition, in some cases, the spouses may request a consensual divorce, in which case the process progresses more quickly.
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