What Is Divorce Based on a Dishonourable Lifestyle? Legal Requirements and Divorce Procedure
Divorce based on a dishonourable lifestyle is one of the special grounds for divorce regulated under Article 163 of the Turkish Civil Code. The law allows a spouse to seek divorce where the other spouse leads a dishonourable lifestyle and, because of that lifestyle, continuation of the marital relationship can no longer reasonably be expected.
What Is a Family Lawyer?
A family lawyer provides legal advice and representation in disputes arising under family law, 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 a Dishonourable Lifestyle?
Article 163 of the Turkish Civil Code provides that where one spouse commits a degrading offense or leads a dishonourable lifestyle, and the continuation of the marriage cannot reasonably be expected from the other spouse, a divorce action may be filed at any time.
The mere existence of inappropriate behaviour is insufficient. The conduct must also make continued cohabitation unbearable.
Legal Requirements
According to the uploaded source, the following conditions must exist:
- The dishonourable lifestyle must begin after the marriage.
- It must constitute a continuing way of life.
- It must demonstrate continuity.
- Married life must become unbearable for the other spouse.
Isolated incidents do not automatically satisfy these requirements.
What Constitutes a Dishonourable Lifestyle?
The uploaded source explains that a dishonourable lifestyle generally refers to conduct that:
- Is not accepted by society,
- Conflicts with accepted moral values,
- Continues as a permanent lifestyle.
The Court of Cassation also considers whether the conduct is socially degrading and continuous.
Examples
According to the uploaded source, examples include:
- Severe alcoholism,
- Gambling addiction,
- Homosexuality,
- Drug addiction.
The source emphasizes that every case should be evaluated according to its own circumstances.
Is Every Immoral Act Sufficient?
No.
The uploaded source cites a Court of Cassation decision holding that telephone conversations or text messaging with another person, by themselves, do not constitute a dishonourable lifestyle because they do not demonstrate a continuing lifestyle.
Conduct Before Marriage
According to the uploaded source:
- If the lifestyle existed before marriage and the other spouse knew about it, divorce cannot be based on this ground.
- If the fact was concealed before marriage or discovered only afterwards, annulment of the marriage may become relevant under the Turkish Civil Code.
Burden of Proof
The uploaded source states that:
- The burden of proof belongs to the claimant.
- The claimant must establish both the existence of the dishonourable lifestyle and its continuity through lawful evidence.
Limitation Period
Unlike certain other special divorce grounds, this ground is not subject to a forfeiture period.
According to the uploaded source, the lawsuit may be filed whenever the legal conditions exist.
Child Custody
The uploaded source states that where the parties have a joint child, custody will not be awarded to the spouse who is found to lead a dishonourable lifestyle.
Combining Multiple Divorce Grounds
According to the uploaded source:
- Divorce based on a dishonourable lifestyle may be combined with the general ground of irretrievable breakdown of the marriage.
- Amendment of the legal basis during proceedings is possible.
- The action may also be converted into an uncontested divorce where legally appropriate.
Conclusion
Divorce based on a dishonourable lifestyle is a special ground for divorce under Turkish law. The conduct must begin after marriage, continue as a permanent lifestyle, and make marital life unbearable for the other spouse. The burden of proof rests with the claimant, no statutory forfeiture period applies, and the claim may be combined with the general ground of irretrievable breakdown of the marriage.