Fault in Divorce Cases

Fault in Divorce Cases – Lawyer in Izmir

Divorce grounds are categorized into specific and general grounds in our law. Adultery, attempted murder, severe mistreatment, mental illness, abandonment, criminal activity, and leading a dishonorable life are examples of specific grounds. If specific grounds exist, the divorce case must be filed on those grounds. This is one of the most common mistakes in practice. It is a procedural error for a spouse who has experienced violence or infidelity to file for divorce citing the fundamental breakdown of the marriage as the reason. Because, in the case of specific grounds, many things such as social investigation reports (surgical reports), assault reports, photographs and videos, mobile phone operator records, etc., must be included as evidence in the case, and the fault of the other party must be proven. Determining fault is crucial for many issues, from alimony to compensation. To read our article on the fundamental breakdown of the marriage, click here. here You can click.

The importance of fault in a divorce case is evident primarily in the acceptance of the divorce proceedings, as well as in claims for material and moral damages and alimony. For example, Civil code According to Article 175, "The party who will fall into poverty due to divorce, provided that their fault is not more severe, may request alimony from the other party indefinitely, in proportion to the other party's financial capacity." Therefore, if either the woman or the man is more at fault, alimony is not awarded. However, according to Article 174 of the Civil Code, "The innocent or less culpable party whose existing or expected interests are harmed due to divorce may request appropriate material compensation from the culpable party." In other words, material compensation is not awarded to the spouse who is more at fault. If both parties are equally at fault, moral compensation cannot be awarded. As can be seen, proving fault is crucial for alimony and compensation.

In custody matters, the best interests of the child are paramount, and fault is not considered. For example, custody may be granted to a woman who has cheated on her husband or to a prostitute if it is in the child's best interest. Furthermore, the court may order the payment of alimony to a spouse whose economic situation has deteriorated due to divorce. However, as mentioned, this requires the spouse to be blameless or less at fault.

The law does not specifically list the circumstances considered as fault, but according to Supreme Court rulings, many behaviors that offend public conscience have been deemed as fault. Examples of faulty behaviors are given below:

Faulty Conduct in Divorce Cases (Examples from Supreme Court Decisions)

• 1. Breach of the duty of fidelity, deception, adultery,
• 2. Insulting, despising, or humiliating one's spouse or family members.,
• 3. Physical, psychological, or sexual violence against a spouse or other family members,
• 4. Showing indifference towards one's spouse, failing to fulfill one's responsibilities,
• Forcing a spouse to live with their mother by not providing a separate house, or leaving the spouse in someone else's house,
• 5. Preventing a spouse from seeing their own family, refusing to let the family into the home.,
• 6. Using or selling narcotic substances, or harming one's spouse or children while under the influence of drugs.,
• 7. Threatening one's spouse with death,
• 8. Playing games of chance, gambling, etc.,
• 9. Failing to pay debts or neglecting to pay them despite having the financial means.,
• 10. Constantly lying to your spouse,
• 11. Kicking one's spouse out of the house and sending them back to their parents' home.,
• 12. Leading a dishonorable life, engaging in humiliating behavior,
• 13. To become mentally ill.,
• 14. Taking out a loan without your spouse's knowledge and not paying it back.,
• 15. Not wanting children, forcing the spouse to use birth control,
• 16. The husband not getting involved in the household's financial or emotional problems, etc.

In divorce cases, culpable behaviors are not limited to these; as can be seen, many behaviors that are socially unacceptable and disturb public conscience are actually considered culpable in divorce proceedings. The important thing is to determine which party is primarily at fault, which is slightly at fault, or whether the spouses are jointly at fault.

Supreme Court of Appeals, 2nd Civil Chamber, Case No. 2020/6184 E., Decision No. 2021/781 K.

The judgment given by the regional court of justice's civil division, the date and number of which are indicated above, at the end of the trial between the parties, was appealed by the plaintiff-counter-defendant husband regarding the determination of fault, compensation, alimony, custody, and the wife's accepted claim for jewelry; after reviewing the documents and considering the matter, the following was concluded:

The regional court of justice ruled that the husband was more at fault and the wife less at fault in the events leading to the divorce, attributing to the husband the following: criticizing and belittling the wife's behavior and attitude while she and her mother did housework; preventing her from caring for their shared child; leaving her at her grandfather's house after an argument and refusing to let her return; and leaving her clothes in her grandfather's garden the next day; and the wife the defendant-counterclaimant for neglecting her personal hygiene and insulting her husband.

Upon examination of the file, it was determined that, in addition to the culpable behaviors of the parties accepted and proven by the regional court, the defendant-counterclaimant wife did not adequately fulfill her marital duties. Therefore, considering the culpable behaviors that led to the divorce; the husband, who, along with his mother, disliked, criticized, and belittled the wife, exerted moral pressure on her, did not allow her to care for their shared child, refused to let her return home after an argument and left her clothes in her grandfather's garden the next day, and the wife, who neglected her personal hygiene, insulted her husband, and did not adequately fulfill her marital duties, are equally at fault. Therefore, the ruling that the husband was more at fault and the wife less at fault is incorrect and necessitates the reversal of the decision.

As explained in paragraph 3 above, it is understood that the parties are equally at fault in the events leading to the divorce. For material and moral damages to be awarded as a result of divorce, the spouse liable for damages must be at fault, while the spouse claiming damages must be blameless or less at fault than the other (Turkish Civil Code, Article 174). The regional court of appeal's decision to accept that the plaintiff-counter-defendant husband was more at fault than the defendant-counter-plaintiff wife, and to award material and moral damages in favor of the wife based on this erroneous determination of fault, was incorrect and warrants reversal.

In summary: In a divorce case, a judge cannot decide on divorce, compensation, or alimony without determining fault between the spouses. Therefore, the concept of fault will affect the entire course of the case. For this reason, if the other party is alleged to be at fault, all evidence must be presented accurately to prove this (proof of fault in divorce). Having your case handled by a specialist divorce lawyer is therefore crucial. Otherwise, even if you are in the right, your case may be dismissed due to the inability to determine fault or accurately state the grounds for divorce.

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