This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Aldatma Nedeniyle Boşanma: İspat, Süre ve Tazminat.
Adultery is both a specific ground for divorce (TMK art. 161) and a matter that can be relied on within the general ground of irretrievable breakdown. An action on the specific ground lapses six months after the adultery is discovered and, in any event, five years after the act. The general ground carries no such forfeiture period — which is why both are usually pleaded together.
The two routes differ in the time limit and in what has to be proved. Below: the difference, the six-month period, and the trap people fall into when gathering evidence.
Which Ground to Plead
Adultery (TMK art. 161) is a specific and absolute ground. Once proved, the judge does not additionally examine whether the marital union has broken down; the divorce is granted.
Irretrievable breakdown (TMK art. 166) is the general ground. Adultery can be relied on within it. The outcome is not automatic, but there is no time limit either.
In practice most cases continue on the general ground when adultery cannot be proved. Pleading both grounds together in the petition is common and sensible.
The Time Limit
For the specific ground the statute allows a short period: the spouse entitled to sue must do so within six months of learning of the adultery, and in any event within five years of the act.
The period is a forfeiture period. Once it passes, adultery can no longer be relied on and the case must proceed on the general ground.
A further rule: a spouse who forgives loses the right to sue. Forgiveness may be express or inferred from conduct — continuing the marital union after learning of the adultery can be treated as forgiveness.
| Adultery — art. 161 | General ground — art. 166 | |
|---|---|---|
| Time limit | 6 months from discovery, 5 years in any event | None |
| What must be proved | A sexual relationship | That common life has become intolerable |
| Difficulty of proof | High | Relatively low |
| A spouse who forgives | Loses the right to sue | Forgiveness is weighed in assessing fault |
| Effect on fault | Established adultery is grave fault | Fault apportioned across all the events |
Forgiveness need not be express; conduct consistent with continuing the marriage after discovery may amount to implied forgiveness.
How Adultery Is Proved
Direct proof is rarely possible, and courts may be satisfied by strong indications: hotel records, card transactions, being seen together, witness evidence, message content.
There is a critical limit here: evidence obtained unlawfully cannot be used. Installing software on a spouse's phone without permission, entering their e-mail or secretly recording their conversations leads to the evidence being excluded and may constitute a separate offence — violation of privacy, violation of the confidentiality of communications.
By contrast, content visible of itself in a shared space, messages received on your own phone, and the evidence of third parties can be used.
The safest course is to take advice before gathering evidence. Material obtained by the wrong method is not merely useless; it can turn the case against you.
Effect on Damages
Adultery is decisive in the assessment of fault, and fault drives the claims for damages.
Pecuniary damages (art. 174/1): claimable by the spouse without fault, or less at fault, whose existing or expected benefits are harmed by the divorce.
Non-pecuniary damages (art. 174/2): claimable by the spouse whose personality rights were attacked by the events causing the divorce.
Fault also matters for spousal maintenance: the claimant's fault must not be the graver. A claim by the adulterous spouse may be refused for that reason.
Whether an action lies against the third party is contested and is not accepted in every case.
Accessing a spouse's phone without permission, installing software or recording secretly invalidates the evidence and may itself be an offence. The period for the specific ground is six months from discovery; once it passes, only the general ground remains.
Frequently Asked Questions
How long do I have to sue for adultery?
Six months from discovery on the specific ground, and five years from the act in any event. The general ground has no time limit.
Can I use messages from my spouse's phone?
Content obtained by unauthorised access is unlawfully obtained evidence and cannot be used; it may also be an offence. Messages received on your own phone and witness evidence can be used.
Can I still sue if I forgave them?
A spouse who forgives loses the right to sue. Forgiveness may be express or inferred from continuing the marriage after discovery.
Can an adulterous spouse claim maintenance?
The claimant's fault must not be the graver, so such a claim may be refused.
Can I sue the third party?
It is contested in practice and not accepted in every case; the basis of the claim and the particular facts govern.