A divorce case for infidelity, known in law as divorce on the ground of adultery, is the most serious of the special grounds for divorce in the Turkish Civil Code (Article 161). Adultery is defined as one spouse having a sexual relationship with another person while the marriage continues. In the law it is treated as a ground that shakes the marriage to its foundations.
Conditions and Time Limits of a Divorce for Adultery
Certain special conditions must be met to file a divorce case on the ground of infidelity:
- An actual act of adultery: one spouse must have had a sexual relationship with another person outside the marriage. The Court of Cassation does not accept kissing, flirting or emotional closeness alone as adultery, but such conduct may be used in a case based on the general ground of irretrievable breakdown of the marriage.
- Forfeiture period: the right to sue is limited. Under Article 161, the right is lost six months after the spouse learns of the act and, in any case, five years after the act took place. These are forfeiture periods, so acting within them is vital.
How Is Infidelity Proven? Burden of Proof and Evidence
The most critical stage is proving the act. The burden of proof lies on the claimant spouse, and any evidence obtained lawfully may be used. How infidelity can be proven depends on the facts of each case. The main types of evidence are:
- Witness statements: from people who saw or heard the act themselves or know of it with certainty.
- Social media and digital communication: messages, location data, e-mails or social media posts, provided they were obtained lawfully, with consent or by court order. Evidence obtained by violating privacy, such as unauthorized recording or eavesdropping, is generally disregarded.
- Hotel and accommodation records: official records showing the spouse stayed in the same room as another person.
- Photographs and video: images clearly showing the act or creating a firm conviction that it occurred.
- Medical records: rarely, records of a sexually transmitted disease.
Legal Consequences: Compensation, Alimony and Custody
Pecuniary and Non-Pecuniary Compensation
The betrayed spouse may claim compensation, provided they are not at fault or are less at fault than the other spouse. Because adultery is a serious attack on personality rights, a claim for non-pecuniary compensation is often well founded, though the amount depends on the circumstances. The conditions include the fault of the unfaithful spouse and damage to the other spouse’s current or expected interests (pecuniary) or violation of personality rights (non-pecuniary).
Alimony
Alimony generally has negative consequences for the unfaithful spouse. If that spouse is found fully at fault, they cannot claim poverty alimony, and depending on the financial circumstances they may be ordered to pay alimony to the other spouse. Child support is different: it is the child’s right and is not affected by a parent’s fault.
Custody and Division of Property
Custody is not directly affected by adultery and is decided entirely by the child’s best interests. The court examines whether the act has a negative effect on the parent’s ability to parent.
The division of property does not change directly because of adultery. The liquidation of the matrimonial property regime is independent of the ground for divorce and follows the statutory regime (participation in acquired property). However, the court may apply an equity reduction affecting the other spouse’s contribution or value-increase claims.
Forgiveness
If the betrayed spouse forgives the spouse after learning of the act, they lose the right to sue on this special ground. Forgiveness may be by express statement, oral or written, or through conduct such as continuing the relationship or resuming marital relations. It must be definite and unconditional.
Legal knowledge and correct timing are critical, and a divorce lawyer plays a key role in adultery cases by ensuring that evidence is gathered lawfully, that forfeiture periods are not missed and that strategies protect the client’s rights. For more on our services, see our divorce lawyer in Ankara page.
Frequently Asked Questions
How long do I have to file for divorce after learning of adultery?
Six months from learning of the act, and in any case five years from the act itself (Article 161 of the Civil Code).
How can adultery be proven?
By lawfully obtained evidence such as witnesses, digital messages obtained lawfully, hotel records and photographs. The burden of proof is on the claimant.
Can I claim compensation if my spouse cheated?
Yes, if you are not at fault or less at fault than the other spouse. Non-pecuniary compensation is often claimed in adultery cases.
Does adultery decide custody?
No. Custody is decided on the child’s best interests, not on which spouse was unfaithful.
What if I forgave my spouse?
Forgiveness, whether by statement or conduct, ends the right to sue on the ground of adultery.
This article is for general information only and is not legal advice. Translated from the original Turkish text.