Paylaş: Divorce Due to Immoral Lifestyle
Immoral lifestyle, regulated under Article 163 of the Turkish Civil Code, is considered a special ground for divorce. The spouse filing for divorce on this ground must prove that the other spouse has engaged in an immoral lifestyle, making it unreasonable to expect the continuation of the marital union. Unlike other special divorce grounds, there is no statutory limitation or expiration period for this type of divorce claim.
Examples of Immoral Lifestyle
- Alcohol addiction, drug addiction, homosexuality, or gambling addiction
- Involvement in activities such as brothel management or pimping
To be considered a ground for divorce, these behaviors must exhibit continuity and be viewed negatively by society. Single incidents or short-term behaviors are not sufficient for a divorce claim based on this ground.
Plaintiff’s Burden of Proof
The plaintiff must also demonstrate that living with the spouse leading an immoral lifestyle has become unbearable. It is not enough to merely prove the existence of immoral behavior; it must be shown that cohabitation is no longer reasonable or possible.
If both spouses engage in an immoral lifestyle, they cannot seek divorce based on this article against each other. Similarly, custody of children cannot be granted to a spouse who leads an immoral lifestyle, as child safety is prioritized.
Immoral behaviors that occurred before the marriage cannot be cited as grounds for divorce after the marriage. However, other general divorce grounds may be pursued.
