Divorce can be defined as the termination of a marriage by a judge’s decision. The standard way to end a marriage is through divorce, although marriage also ends in cases of death, presumed absence, and gender change. In our legal system, divorce can only be carried out by a judge’s decision; it cannot occur by a unilateral declaration of intent. Divorce must be pursued with a claim that creates a dissolutive effect. The specific grounds for divorce include adultery, attempted murder, severe maltreatment or dishonorable conduct, committing a disgraceful crime or leading a dishonorable life, abandonment, and mental illness. General grounds for divorce include the irretrievable breakdown of the marital union, mutual agreement on divorce, and the inability to establish a shared life or de facto separation.
Contested and Uncontested Divorce
Divorce cases can generally be filed in two ways: uncontested(consensual) divorce and contested divorce. Uncontested divorce is when both parties mutually agree on all aspects of ending the marriage. Contested divorce, however, is when the parties disagree on the divorce or its terms. In such cases, the court evaluates the claims and defenses of both parties and makes decisions on issues like alimony, custody, and compensation. Due to the complexity of disagreements, contested divorce cases typically take longer.
Adultery
Adultery is an absolute, fault-based specific ground for divorce. In the case of adultery, one may file for divorce on the specific ground of adultery or on the general ground of the irretrievable breakdown of the marital union. Both grounds can be cited in the same case. There is a statutory time limit for filing a divorce based on adultery. The claim must be filed within six months from when the adultery was discovered and within five years from when the adultery occurred. Adultery can be challenging to prove. If the court is convinced by the events and facts that adultery occurred, it may decide on divorce based on adultery. In the property regime dissolution, the court may reduce or eliminate the share of the adulterous spouse.
Attempted Murder, Severe Maltreatment, or Dishonorable Conduct
Attempted murder refers to a spouse's intent to kill the other, as shown through certain acts. Severe maltreatment refers to any assault targeting the physical well-being of a person, and dishonorable conduct targets a person’s dignity and honor. A single act of severe maltreatment is sufficient, and it must be intentional. If a person who lacks discernment commits such acts, it will not suffice for a divorce decision, unless the loss of discernment was intentional. For a claim of dishonorable conduct, as with severe maltreatment, it is unnecessary for the act to be continuous. A divorce based on any of these three grounds must be filed within six months from when the act was learned of and within five years from when it was committed.
Committing a Disgraceful Crime and Leading a Dishonorable Life
Both committing a disgraceful crime and leading a dishonorable life are fault-based, specific, and relative grounds for divorce. The disgraceful crime must render the marriage intolerable. There is no need for a conviction; merely committing the crime is sufficient. Which crimes are considered disgraceful is determined by the court, considering societal norms. Leading a dishonorable life includes gambling addiction, alcoholism, operating a brothel, working as a sex worker, etc., which must continue as per the law. If these grounds for divorce were unknown at the time of marriage and discovered later, the innocent spouse may file for divorce based on the irretrievable breakdown of the marriage or request annulment due to mistake or fraud. For these grounds, the time limit is six months from when the act was learned of and five years from when it occurred.
Abandonment
Abandonment is an absolute, fault-based, and specific ground for divorce. The act of abandoning the shared residence must lack a legitimate reason. For divorce due to abandonment, the abandonment must have continued for at least six months. Before filing for divorce, a notice must be sent to the abandoning spouse to return to the shared residence within two months. The notice must be sincere, include the consequences of not returning, and be ignored by the spouse. According to the Court of Cassation, the two-month period starts when the notice is served to the abandoning spouse. Since abandonment is an absolute ground for divorce, the court must grant divorce once these conditions are met.
Mental Illness
Mental illness is a specific, relative, and fault-free ground for divorce. For divorce to be granted due to mental illness, the illness must have existed during the marriage, it must be medically confirmed as incurable, and it must make shared life intolerable for the other spouse. There is no statutory time limit for divorce based on mental illness. As long as these three conditions persist, a divorce case can be filed.
Irretrievable Breakdown of the Marital Union
For divorce based on the irretrievable breakdown of the marital union, it must be shown that the marriage has irreparably deteriorated, rendering the continuation of shared life intolerable for at least one spouse, and that the respondent has not raised a valid objection regarding the petitioner’s greater fault. This ground implies significant differences in ideas and feelings. If the respondent can prove the marital union is sustainable, the divorce will not be granted. If the respondent successfully argues that the petitioner is more at fault, the court cannot grant a divorce.
Mutual Agreement on Divorce
Mutual agreement on divorce is an absolute and general ground for divorce. The court must grant a divorce if it finds the statutory conditions met. For mutual consent divorce, the marriage must have lasted at least one year, the spouses must jointly apply to the court or one spouse must accept the other's application, the judge must hear both parties directly, and the agreement between the parties must be deemed suitable by the judge. The judge’s hearing requirement allows for confirming that the parties are acting freely. If mutual agreement on divorce is denied, the parties may refile on this or other grounds listed in the law.
Failure to Establish a Shared Life or De Facto Separation
If a case based on any ground for divorce is dismissed and the judgment becomes final, and if three years have passed without reestablishing shared life, the marital union is considered irreparably broken. A spouse may then request divorce.
Conditions:
A prior divorce claim on any ground was dismissed.
Three years have passed since the judgment of dismissal, and shared life has not been reestablished.
One spouse has filed for divorce.
Competent and Authorized Court in Divorce Cases
The competent court in divorce cases is either the court where one of the spouses resides or the court of the last six-month residence before the divorce filing. According to Article 4 of the Law No. 4782 on the Establishment, Duties, and Procedures of Family Courts, the Family Court, equivalent to a civil court, is authorized. Where no Family Court exists, the Civil Court handles the case in the capacity of a Family Court.