Divorce Due to Criminal Behavior

Article 163 of the Turkish Civil Code specifies divorce based on a spouse’s criminal behavior or immoral lifestyle as a special ground for divorce. This ground is considered absolute, meaning that evidence of such behavior is sufficient for divorce.

A spouse’s criminal behavior alone is not enough for a divorce ruling. It must also be proven that the other spouse cannot reasonably be expected to continue living with the person who committed the crime. The following criteria are considered:

• Disgraceful crimes (embezzlement, bribery, theft, fraud, forgery, etc.) can justify divorce if it is also proven that continued cohabitation is not possible.
• Political crimes are not considered disgraceful and cannot be used as grounds for divorce.
• Courts will evaluate the public reaction to the crime and whether shared life has become unbearable based on the specific circumstances of the case.
• Crimes committed before the marriage cannot be used as grounds for divorce under this article. In such cases, annulment or invalidation of the marriage may be sought.

If a criminal case is ongoing while the divorce case is filed, the family court judge may consider the criminal case as a preliminary issue and wait for its outcome. The result of the criminal proceedings may influence the divorce ruling.

Generally, a spouse who has committed a crime is not granted custody of the children, as the child's safety is the primary consideration.

The judge will evaluate all evidence to make a final decision regarding custody.

If the spouse’s criminal behavior has made cohabitation impossible or continuing to live together is deemed unfair, a divorce can be sought.

Bayar Law Office offers consultation and legal services in divorce law matters.