Divorce Based on the Commission of a Crime: Legal Requirements and Procedure

Divorce Based on the Commission of a Crime: Legal Requirements and Procedure Divorce based on the commission of a crime is one of the special grounds for divorce regulated under Article 163 of the Turkish Civil Code. Where one spouse commits a degrading crime and continued cohabitation can no longer reasonably be expected from the other spouse, a divorce action may be filed. What Is a Family Lawyer? A family lawyer provides legal advice and representation in matters including: Uncontested divorce, Contested divorce, Alimony, Child custody, Property division, Divorce based on special statutory grounds. Professional legal assistance is particularly important in technically complex divorce proceedings. What Is Divorce Based on the Commission of a Crime? Article 163 of the Turkish Civil Code provides that where one spouse commits a degrading crime or leads a dishonourable lifestyle, and the continuation of the marriage cannot reasonably be expected from the other spouse, that spouse may file for divorce at any time. Not every criminal offense is sufficient; the offense must be considered degrading. Legal Requirements According to the uploaded source: The offense must be degrading in nature. Married life must become unbearable for the other spouse. The spouse committing the offense must be at fault. No statutory forfeiture period applies. Examples of Degrading Crimes The uploaded source lists examples including: Bribery, Embezzlement, Extortion, Drug trafficking, Theft, Fraud, Forgery, Intentional homicide, Sexual offenses. According to the source, committing such an offense once may be sufficient. Crimes Committed Before Marriage According to the uploaded source: If the offense was committed before marriage and the other spouse knew about it, divorce cannot be based on this ground. If the offense was concealed before marriage, annulment of the marriage may become available under the Turkish Civil Code. Criminal Proceedings Where criminal proceedings are pending, the uploaded source explains that the criminal investigation or trial constitutes one of the most important sources of evidence in the divorce case. Child Custody According to the uploaded source, custody will not be awarded to the spouse who committed the offense where the parties have a joint child. Combining Multiple Grounds The uploaded source states that this special ground may be combined with the general ground of irretrievable breakdown of the marriage. Amendment during proceedings is possible, and under appropriate conditions the case may later be converted into an uncontested divorce. Conclusion Divorce based on the commission of a crime is a special ground for divorce under Turkish law. The crime must be degrading in nature and make the continuation of married life unbearable for the other spouse. No statutory limitation period applies, pending criminal proceedings may serve as important evidence, and the action may be combined with the general ground of irretrievable breakdown of the marriage.