Divorce Due to Severe Maltreatment or Humiliating Behavior

Article 162 of the Turkish Civil Code defines severe maltreatment or humiliating behavior as specific and absolute grounds for divorce. Demonstrating that the spouse engaged in such behaviors is considered sufficient for divorce.

Examples of severe maltreatment include:

• Beating mercilessly
• Starving the spouse
• Inflicting disease
• Excessive sexual demands
• Confinement in a basement
• Leaving the spouse naked on cold stone
• Imprisonment
• Forcing abnormal sexual behavior

Examples of humiliating behavior include:

• The husband repeatedly accusing his wife of infidelity and verbally insulting her
• Calling the husband derogatory names like "dishonorable" in a public marketplace
• Announcing that the wife is not a virgin in a public place
• Following the spouse secretly to spy on them

• The spouse who has the right to file for divorce must do so within six months from the date of learning about the grounds for divorce, and in any case, within five years from the date of the incident. These time limits are statutory time bars, which means they must be considered by the judge without being requested.
• If the aggrieved spouse forgives the other, the right to file for divorce is lost. Behaviors that can be interpreted as forgiveness, such as going on a vacation together after the incident or moving to another city together due to one spouse's job transfer, will be considered as waiving the right to sue.

Once a divorce case is filed on the grounds of severe maltreatment or humiliating behavior, the court cannot grant a divorce based on general grounds.

Bayar Law Firm offers legal consulting and attorney services in divorce law disputes. We wish you peaceful days free from violence.