Divorce on the Ground of Adultery - Üsküdar Divorce Lawyer

Divorce on the Ground of Adultery - Üsküdar Divorce Lawyer Divorce on the ground of adultery is one of the special grounds for divorce regulated under the Turkish Civil Code. Under Article 161 of the Turkish Civil Code, if one spouse commits adultery, the other spouse may file for divorce. The law also subjects this right of action to specific forfeiture periods and provides that a spouse who has forgiven the act of adultery cannot file for divorce on this special ground. In divorce proceedings based on adultery, merely alleging that a spouse breached the duty of fidelity is not sufficient. It is important to establish the adultery legally, file the action within the applicable time limits, assess whether forgiveness has occurred and correctly identify the grounds for divorce relied upon in the petition. Recent Court of Cassation decisions include examples in which photographs, social investigation reports, HTS records and witness statements have been assessed together to establish adultery. Therefore, when seeking assistance from an Üsküdar divorce lawyer, Istanbul divorce lawyer, Ataşehir divorce lawyer, Ümraniye divorce lawyer or Çekmeköy divorce lawyer, a divorce claim based on adultery should be assessed by considering the manner in which the incident occurred, the date on which it was learned, the available evidence and the conduct of the spouses following the adultery. What Is a Divorce Action Based on Adultery? A divorce action based on adultery is a lawsuit filed by one spouse because the other spouse committed adultery while the marriage was continuing. Article 161 of the Turkish Civil Code grants the other spouse the right to file for divorce where one spouse commits adultery. The same provision separately regulates the periods within which this right may be exercised and the effect of forgiveness on the right of action. Adultery is therefore regulated by law as a special ground for divorce, separate from the general grounds. Which Provision Regulates Divorce Based on Adultery? Divorce based on adultery is regulated under Article 161 of Turkish Civil Code No. 4721. According to the provision, if one spouse commits adultery, the other spouse may file for divorce. The right of action expires six months after the entitled spouse learns of the adultery and, in any event, five years after the act of adultery. A spouse who has forgiven the conduct has no right to bring an action on this ground. Is Adultery a Special Ground for Divorce? Yes. The Turkish Civil Code regulates adultery separately from other grounds for divorce. Adultery is recognised as a special ground for divorce under Article 161 of the Turkish Civil Code. Accordingly, where a divorce action is based on adultery, the court must first determine whether the requirements of this special ground have been satisfied. Is Adultery an Absolute Ground for Divorce? Adultery is accepted in practice as one of the absolute grounds for divorce. Accordingly, where adultery is legally established, it is not additionally necessary, for the claim based on adultery, to prove that the marital union has been fundamentally undermined. Article 161 of the Turkish Civil Code directly regulates the existence of adultery as a ground allowing the other spouse to file for divorce. Are Adultery and Breach of the Duty of Fidelity the Same Thing? Not every breach of the duty of fidelity should automatically be characterised as adultery. A spouse's inappropriate or trust-damaging conduct with a third person may be relevant in divorce proceedings. However, for the special ground of adultery to apply, there must be facts sufficient for the conduct to be assessed under Article 161 of the Turkish Civil Code. This distinction is particularly important when determining how adultery and other grounds such as irretrievable breakdown of the marriage should be pleaded in the petition. Must Adultery Be Proven in a Divorce Action? Yes. The party alleging adultery must establish that allegation through evidence lawfully available in the divorce proceedings. In summaries of Court of Cassation decisions issued in 2026, adultery was found to have been established in one case through photographs and a social investigation report and in another through the combined assessment of HTS records and witness statements. This demonstrates that adultery proceedings are not necessarily dependent on one particular form of evidence and that the evidence in the file may be assessed as a whole. Can Adultery Be Proven Without Being Directly Witnessed? The act of adultery cannot always be directly witnessed. The court therefore assesses lawful evidence and the circumstances of the case as a whole. Recent Court of Cassation decision summaries demonstrate that photographs, social investigation reports, HTS records and witness statements may be taken into account. However, the evidential value of each item must be determined according to the specific case. What Evidence May Be Used in a Divorce Action Based on Adultery? Depending on the circumstances, lawfully obtained evidence that may be relevant to an allegation of adultery includes: Messages and correspondence, Photographs, Witness statements, HTS records, Social investigation reports, Travel or accommodation records, Other written and electronic evidence. Recent Court of Cassation decisions particularly demonstrate the use of photographs, social investigation reports, HTS records and witness statements in assessments of adultery. Can Unlawfully Obtained Evidence Be Used in an Adultery Case? When gathering evidence in divorce proceedings, fundamental rights such as privacy and confidentiality of communications must be taken into account. The fact that evidence may support an allegation of adultery does not mean that it is lawful in every circumstance. The manner in which the evidence was obtained is also important. Therefore, data obtained from a telephone, social media account, messaging application or personal account should be assessed for legality before being submitted to the court. How Long Is the Period for Filing a Divorce Action Based on Adultery? Under Article 161 of the Turkish Civil Code, a divorce action based on adultery must be filed: Within six months from learning of the adultery, In any event within five years from the act of adultery. If these periods expire, the right to bring an action based specifically on adultery is lost. When Does the Six-Month Period Begin? The six-month period begins on the date when the spouse entitled to file the action learns of the adultery. Accordingly, not only the date on which the adultery occurred but also the date on which the other spouse learned of it is important. Court of Cassation practice demonstrates that the date of knowledge is directly relevant to determining the six-month period. What Does the Five-Year Period Mean? Article 161 of the Turkish Civil Code provides that, in addition to the six-month period running from the date of knowledge, the right of action expires in any event five years after the act of adultery. Therefore, even where adultery is discovered later, the five-year maximum period from the date of the act must also be taken into account. Are the Six-Month and Five-Year Periods Forfeiture Periods? Yes. The six-month and five-year periods under Article 161 are periods that result in the loss of the right to bring the action. Court of Cassation decisions likewise demonstrate that a claim based on adultery may be rejected where the six-month period has expired. Correct calculation of the applicable periods is therefore one of the most important matters in a divorce action based on adultery. How Is the Period Assessed Where the Adultery Continues? Where adultery is alleged not to have been a single incident but part of an ongoing relationship, the dates of the individual events must be considered according to the circumstances. It is particularly important to determine which acts the claimant learned of, when they were learned and which facts were relied upon in the divorce petition. Therefore, where an ongoing adulterous relationship is alleged, the chronology of the case should be examined in detail rather than automatically relying only on the first date of knowledge. Can a Spouse Who Forgave the Adultery File for Divorce on This Ground? No. Article 161 of the Turkish Civil Code expressly provides that the spouse who has forgiven the conduct has no right to file an action on the ground of adultery. Accordingly, a spouse who is legally considered to have forgiven the adultery after learning of it cannot later rely on the same act under Article 161. How Is Forgiveness Determined in an Adultery Case? Forgiveness is not limited solely to an express statement such as “I forgive you.” The conduct of the parties after the adultery was discovered may also be important in assessing an allegation of forgiveness. However, whether forgiveness actually occurred must be determined according to the circumstances of the particular case. In a 2022 Court of Cassation decision, the rejection of a divorce action on the ground of forgiveness was found to be incorrect because forgiveness had not been proven by the evidence in the file. Who Must Prove Forgiveness? The party alleging forgiveness must establish that allegation through the evidence in the case file. In a 2022 decision, the 2nd Civil Chamber of the Court of Cassation stated that the allegation of forgiveness had not been established and that the action should not have been rejected merely on that basis. Does Continuing to Live Together After Adultery Constitute Forgiveness? Continuing the common life after learning of adultery may be relevant when assessing an allegation of forgiveness. However, merely remaining in the same residence for a period does not automatically constitute forgiveness in every case. The conduct of the parties, the nature of their continued cohabitation and their intentions following the incident must be considered together. Therefore, it would not be correct to adopt a universal rule that continued cohabitation necessarily means forgiveness. Can Adultery and Irretrievable Breakdown of the Marriage Be Pleaded Together? Yes. The special ground of adultery and the general ground of irretrievable breakdown of the marriage under Article 166/1 of the Turkish Civil Code may be pleaded in the same divorce action. Court of Cassation practice recognises that a claimant may rely primarily on adultery and, alternatively, on irretrievable breakdown of the marriage. The court must first assess the special ground pleaded as the primary claim. If Adultery Is Not Proven, Can Divorce Be Granted on the General Ground? Where the claimant has also relied on irretrievable breakdown of the marriage in addition to adultery, the requirements of the general ground may be separately assessed if the special ground of adultery is not established. Court of Cassation practice states that the court must first examine the special ground and, if that ground is rejected, then assess the properly pleaded general ground. The way in which the legal grounds are structured in the petition is therefore important. If Adultery Is Proven, Can the Court Decide the Case on the General Ground Instead? Where the claimant has primarily relied on adultery and adultery has been established, the special ground should be assessed accordingly. In a 2026 Court of Cassation decision summary, HTS records and witness statements were considered sufficient to establish adultery, and deciding the case on irretrievable breakdown of the marriage rather than accepting the adultery claim was treated as a ground for reversal. Is Fault Important in Divorce Based on Adultery? Adultery is a serious breach of the duty of fidelity within marriage and constitutes a special ground for divorce. However, the fault of the parties may separately become relevant to the ancillary consequences of divorce. Claims such as pecuniary and non-pecuniary compensation or maintenance may require a separate assessment of fault in the events leading to divorce. Accordingly, establishing adultery and automatically determining every financial consequence of divorce are not the same issue. Can Pecuniary Compensation Be Claimed in Divorce Based on Adultery? The requirements for pecuniary compensation in divorce proceedings are assessed separately under the provisions of the Turkish Civil Code governing the financial consequences of divorce. Accordingly, the existence of adultery does not mean that a predetermined amount of pecuniary compensation will automatically be awarded. The parties' fault, existing or expected interests and the circumstances of the case must be assessed together. Can Non-Pecuniary Compensation Be Claimed in Divorce Based on Adultery? Depending on the circumstances, a claim for non-pecuniary compensation may arise. However, the requirements and amount of such compensation are not automatically determined merely because adultery has occurred. The effect of the events leading to divorce on personality rights and the parties' fault must be separately considered. Can Maintenance Be Claimed in a Divorce Action Based on Adultery? Maintenance claims may also arise in a divorce action based on adultery. However, the type and requirements of maintenance are assessed under the relevant provisions of the Turkish Civil Code independently from the mere existence of adultery. The economic and social circumstances of the parties and, depending on the type of maintenance, the fault assessment may be relevant. It is therefore not correct to state as a general rule that maintenance will automatically be refused or granted whenever one spouse has committed adultery. Does Adultery Automatically Determine Child Custody? No. The fact that adultery has been established does not automatically mean that custody will be granted to the other spouse. The primary consideration in custody matters is the best interests of the child. Whether the spouse's conduct affects the child's care, safety or development must be assessed separately. The ground for divorce and the custody determination are therefore subject to different legal assessments. Which Court Has Territorial Jurisdiction over an Adultery Divorce Action? Under Article 168 of the Turkish Civil Code, the court with territorial jurisdiction over divorce or separation proceedings is: The court at the place of residence of either spouse, or The court of the place where the spouses last lived together for at least six months before the action. The same rule therefore applies to divorce proceedings based on adultery. Can Interim Measures Be Ordered in a Divorce Action Based on Adultery? Yes. Under Article 169 of the Turkish Civil Code, once a divorce or separation action is filed, the judge takes the necessary interim measures ex officio during the proceedings, particularly regarding the spouses' accommodation and maintenance, management of their property and the care and protection of children. Accordingly, interim measures may also become relevant during a divorce action based on adultery according to the circumstances of the case. Can the Court Order Separation in an Adultery Divorce Action? Under Article 170 of the Turkish Civil Code, where the ground for divorce has been proven, the judge may grant divorce or separation. If the action seeks only separation, divorce cannot be ordered; if the action seeks divorce, separation may be ordered where there is a possibility that the common life can be re-established. This provision applies within the general rules governing divorce proceedings, including actions based on adultery. Can Telephone Records Be Used in an Adultery Case? The use of telephone-related records must be assessed according to the way in which they were obtained and the applicable legal rules. In a 2026 Court of Cassation decision summary, HTS records and witness statements were assessed together and considered sufficient to establish adultery. However, this does not mean that a spouse may unlawfully access another person's telephone or private accounts. The legality of obtaining the evidence remains important. Can Social Media Posts Be Evidence in an Adultery Case? Social media content may become relevant in divorce proceedings depending on its nature and whether it was lawfully obtained. However, a single photograph, message or post does not necessarily establish adultery in every case. The court evaluates such material together with the other circumstances and evidence. Is a Photograph Sufficient to Prove Adultery? Photographs may be important evidence in the assessment of adultery. A 2026 Court of Cassation decision summary states that photographs and a social investigation report were assessed together and adultery was considered established. However, not every photograph automatically proves adultery. Its content and relationship with the other evidence must be evaluated. Can Witness Statements Be Used in an Adultery Case? Yes. Witness statements may be used in assessing an allegation of adultery. In a 2026 Court of Cassation decision summary, HTS records and witness statements were assessed together and the act of adultery was considered established. The evidential value of a witness statement depends on how the witness obtained the information and whether the statement is consistent with the other evidence. How Is the Date of Knowledge Proven in an Adultery Case? The date of knowledge is critically important for the six-month forfeiture period. It may be assessed through the parties' statements, messages, records in criminal or civil proceedings, written documents and other concrete evidence. In one Court of Cassation decision, the claimant was found to have learned of the adultery at a hearing before a criminal court, and because the divorce action was filed more than six months later, the adultery claim was considered out of time. What Happens If the Date of Knowledge Cannot Be Proven? The question of how and by whom the date of knowledge is proven may become important in the particular dispute. In a 2022 decision of the 2nd Civil Chamber of the Court of Cassation, the rejection of the action on the basis of expiry of the forfeiture period was found to be incorrect where the exact date on which the claimant learned of the adultery had not been proven by the opposing party and could not be established from the file. The date of knowledge should therefore be determined through concrete information in the case file rather than assumption. What Happens If Adultery Occurred More Than Once? Where several acts of adultery are alleged, the date of each act and the date on which the claimant learned of each act become relevant. It must be separately determined which acts remain within the applicable filing periods and which facts have been pleaded in the divorce petition. Accordingly, where an ongoing relationship is alleged, the chronology should be set out carefully. What Should Be Considered Before Filing a Divorce Action Based on Adultery? Before filing a divorce action based on adultery, it is particularly important to assess: The facts on which the adultery allegation is based, When those events occurred, When the claimant learned of them, Whether the six-month and five-year periods have been observed, Whether any conduct may constitute forgiveness, Which lawful evidence is available, Whether other grounds for divorce should also be pleaded, Whether claims concerning maintenance, compensation and custody will be made. Because of the forfeiture periods, correctly determining the date on which the adultery was learned is particularly important. Divorce Actions Based on Adultery in Üsküdar Where a divorce action based on adultery is contemplated in Üsküdar, the case should not be prepared merely as an allegation of breach of fidelity. It must be structured according to the specific requirements of Article 161 of the Turkish Civil Code. In particular: The adultery must be legally capable of proof, The date of knowledge must be identified, The six-month period must not have expired, The five-year maximum period must be considered, Any allegation of forgiveness must be examined, Adultery and other grounds for divorce must be pleaded correctly, The evidence must have been obtained lawfully. Therefore, when seeking assistance from an Üsküdar divorce lawyer, Istanbul divorce lawyer, Ataşehir divorce lawyer, Ümraniye divorce lawyer or Çekmeköy divorce lawyer, the litigation strategy should be determined according to all circumstances of the case. Üsküdar Divorce Lawyer Assistance Legal assistance in a divorce action based on adultery may include: Legal assessment of the adultery allegation, Review of evidence, Calculation of forfeiture periods, Determination of the date of knowledge, Assessment of an allegation of forgiveness, Structuring adultery and general divorce grounds together, Assessment of maintenance and compensation claims, Preparation of claims relating to custody and interim measures, Conduct of the judicial proceedings. Because adultery is a special ground for divorce, consistency between the facts pleaded in the petition and the legal grounds relied upon is particularly important. What Should Be Considered When Choosing a Divorce Lawyer? When choosing a lawyer for a divorce action based on adultery, relevant considerations may include: Experience in family law, Experience in contested divorce proceedings, Knowledge of adultery and other special grounds for divorce, Ability to assess electronic and written evidence, Ability to monitor forfeiture periods correctly, Ability to assess maintenance, compensation and custody claims together, Familiarity with current Court of Cassation practice. Conclusion Divorce based on adultery is one of the special grounds for divorce regulated under Article 161 of the Turkish Civil Code. Where one spouse commits adultery, the other spouse may file a divorce action based on this special ground. However, the right of action does not continue indefinitely. The right to rely on adultery expires six months after the adultery is learned and, in any event, five years after the act. In addition, a spouse who has forgiven the adultery has no right to bring an action under Article 161. The allegation of adultery must be supported by lawful evidence. Recent Court of Cassation practice includes examples in which adultery was established through the combined assessment of photographs and social investigation reports or HTS records and witness statements. Adultery may be pleaded together with general grounds such as irretrievable breakdown of the marriage. However, where the claimant relies primarily on adultery, the court must first assess that special ground. The date of knowledge is especially important for the six-month forfeiture period. Court of Cassation decisions demonstrate that this date must be established through concrete evidence in the case file and that the expiry of the period cannot be assumed where the date of knowledge cannot be proven. Accordingly, matters concerning divorce based on adultery, Article 161 of the Turkish Civil Code, six-month filing period for adultery, proof of adultery, forgiveness in divorce, adultery and irretrievable breakdown of the marriage, Üsküdar divorce lawyer, Istanbul divorce lawyer, Ataşehir divorce lawyer, Ümraniye divorce lawyer and Çekmeköy divorce lawyer should be assessed according to the dates of the events, the conduct of the parties and the available evidence.