Divorce; It is a type of lawsuit that is regulated in Article 161 of the Turkish Civil Code and can be opened with the realization of one of the reasons listed in the law or with the agreement of the parties. The reasons for divorce listed in the law are the reasons attributed to the faulty behavior of the spouses.
In the marriage union, the spouses have obligations towards each other such as loyalty obligation, duty of care, obligation to participate in the union expenses.Eşin diğer eşe şiddet kullanması, hakaret etmesi, sürekli yalan söylemesi, cinsel ilişkiden kaçınması, küçük düşürücü hareketler yapması, zina etmesi, evlilik birliği devam ederken aile birliğinin giderlerine katılmaması gibi davranışlar kusur sayılır.In order to file a divorce case, the spouse who filed the divorce case does not have to be perfect or less faulty. Defective spouse can also file a divorce lawsuit, but if the plaintiff’s fault is severe, the defendant has the right to object to the divorce case, and the defendant spouse must have a slight fault. In cases where the defendant is completely faultless, the lawsuit of the defective spouse who filed the lawsuit should be rejected.
Article 166 of the Turkish Civil Code stipulates that “if the marital union is shaken to such an extent that it is not expected of them to continue their joint life, each of the spouses can file a divorce case”. It has not been accepted as correct to interpret and evaluate this provision as the completely faulty spouse can also file a lawsuit and obtain a divorce decree for his benefit by the Supreme Court decisions. Because such a thought goes against the basic legal principle that no one can obtain a right based on his own action and purely his own fault.
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