Divorce Due to Attempted Murder: Conditions, Evidence, and Legal Process

Attempted murder is defined as a special ground for divorce under Article 162 of the Turkish Civil Code. If one spouse attempts to kill the other, this is considered an absolute ground for divorce. Once proven, the court is obligated to grant the divorce.

Attempted murder includes the following situations:

• One spouse's deliberate actions aimed at killing the other.
• Providing the means to induce the spouse to commit suicide.
• Acting with the intent to kill, even if the means used are ineffective.
• Attempting to kill the spouse but failing due to unforeseen circumstances.

Certain situations do not qualify as attempted murder, including:

• Verbal threats without any physical action.
• Accidental harm without the intent to kill.
• Attempted murder against a spouse's relatives, which may be grounds for divorce due to irretrievable breakdown of the marriage but not due to attempted murder.

Actions involving attempted murder not only serve as grounds for divorce but also result in disinheritance. If a criminal court confirms the facts of the attempted murder, this decision is binding on the civil court, and the divorce proceedings may be postponed until the criminal case is resolved.

In a divorce case due to attempted murder, the burden of proof lies with the spouse claiming attempted murder. All forms of evidence can be presented to support the claim. As Bayar Law Office, we provide professional legal and consultancy services in all matters related to divorce law.