What is a divorce case on the grounds of adultery, when and how is it filed? Learn your rights and the litigation process in detail in the rest of our article.
What is a Divorce Case Based on Adultery?
A divorce case on the grounds of adultery is a special divorce case filed by applying to the Family Court with the request for divorce by the other spouse in the event that one of the married spouses shows infidelity, that is, engages in sexual intercourse with someone else. Adultery, regulated in Article 161 of the Turkish Civil Code, holds a special place among the grounds for divorce.
Divorce claims based on infidelity are explicitly regulated in the law and are subject to certain conditions. Because marriage is a union built upon the obligation of fidelity, and the breach of this obligation undermines the foundation of the marriage.
When and How to File a Divorce Case on Grounds of Adultery?
A spouse wishing to file for divorce on the grounds of adultery, from the date they learn of this act within 6 months, in any case before 5 years have passed since the act of adultery must file the lawsuit. Failure to comply with these time limits shall result in the forfeiture of the right to sue.
The answer to the question of how to file a divorce case on the grounds of adultery can be summarised as follows:
- The lawsuit can only be filed by the other spouse (the aggrieved party).
- In the statement of claim Code of Civil Procedure Compliance with the conditions for filing a lawsuit is required.
- The lawsuit is filed in the Family Court (or is it the Civil Court of First Instance).
- The spouse must not have condoned the act of adultery.
The Use of Evidence in Divorce Cases Involving Adultery
How is adultery proven in a divorce case? This can be quite challenging, as proof of adultery is generally established not by direct evidence but by strong circumstantial evidence.
Some examples that could be considered in the context of the use of evidence in divorce proceedings are as follows:
- Proof that they stayed at the hotel together,
- Proof that they have lived together or that a religious marriage has been performed,
- House-sitting, going on a trip together.
Merely sending text messages, kissing, hugging or spending time together are not considered adultery. Therefore, such situations may be regarded as insufficient for proving adultery.
Infidelity and Divorce in Law
Infidelity and divorce are not limited solely to adultery. Examples of infidelity other than adultery (for example, emotional intimacy) can also shake the marital union. However, in such cases, the lawsuit [must be based on] severe incompatibility (Article 166 of the Turkish Civil Code) may be brought on those grounds.
How Does a Spouse’s Infidelity Affect Divorce Proceedings?
The answer to the question of how a spouse's infidelity affects a divorce case depends on the strength of the evidence and the degree to which the adultery is proven. If the court does not consider the evidence presented by the spouse bearing the burden of proof to be sufficient, it may dismiss the case. However, if adultery is established:
- The divorce decree is issued,
- Financial and non-pecuniary compensation may be ordered against the at-fault spouse.
Can Compensation Be Sought from an Adulterous Spouse?
A claim for damages may be brought on the grounds of adultery. However, the key point to note here is this: claims for both pecuniary and non-pecuniary damages may only be made against the spouse who committed adultery. According to Supreme Court rulings, it is not possible to claim damages from a third party.
Divorce on the Grounds of Adultery and Maintenance
The answer to the question of whether the right to alimony continues in a divorce on the grounds of adultery depends on the situation regarding fault. The spouse who commits adultery cannot claim poverty alimony because they are considered to be at heavy fault. However, the other spouse's right to alimony continues.
Is there a limitation period for a case brought on the grounds of adultery?
Is there a limitation period for divorce proceedings on the grounds of adultery? Yes, there is. According to the Turkish Civil Code:
- If the spouse who learns of the adultery does not file a lawsuit within 6 months, they lose their right.
- If 5 years pass from the act of adultery, a lawsuit can no longer be filed on this ground.
These time limits are time-barring periods and are taken into account by the court of its own motion.
What Happens If the Act of Adultery (Cheating) Is Forgiven?
The party who forgives the act of adultery cannot bring proceedings on the grounds of adultery. This forgiveness may be express or implied. If the existence of forgiveness is proven, the case will be dismissed even if the act of adultery has taken place. However, forgiveness only removes the right to bring proceedings on the grounds of adultery; proceedings may still be brought on the basis of general grounds for divorce.
Is there a penalty for adultery?
Adultery does not constitute a crime under the Turkish Penal Code. Therefore, a criminal investigation cannot be initiated against the spouse who commits adultery or a third party. However, adultery can serve as both grounds for a divorce case and a reason for compensation.
Result
Divorce on the grounds of adultery is recognised as a specific ground for divorce under the Turkish Civil Code and gives rise to serious legal consequences. The case must be prepared with great care, both in terms of procedure and evidence. In such cases, divorce lawyer Receiving the support both speeds up the process and prevents the loss of rights.
