Supreme Court of Turkey: Prolonged Absence of Wife Is Not Grounds for Divorce

On September 2, 2025, the Supreme Court of Appeals ruled that the prolonged absence of a wife from home without the knowledge or consent of her husband cannot serve as grounds for divorce, even if a local court had previously decided otherwise.

The case originated in Aydın (Nazilli), where a husband filed a counterclaim for divorce. The Court of Appeals — the 18th Civil Chamber of the İzmir Regional Court of Appeals — sided with the husband, ruling that the wife’s long disappearance from home without his knowledge constituted a “breakdown of the marital foundation” and granted his request.

However, the decision was appealed by the woman’s representative, and the case reached the Court of Cassation. Lawyers explained that, according to Article 166 of the Turkish Civil Code, this ground — the wife’s absence — does not fall under the category of “irretrievable breakdown of marriage.” As a result, the Court overturned the appellate decision and ruled that the husband was not justified in filing for divorce based on his wife’s “premature departure.”

In addition, while the country is preparing a new judicial reform, it has already been announced that a family mediation system will be introduced. Minister of Justice Yılmaz Tunç emphasized that the new legislative initiative will allow issues such as financial compensation, alimony, and property division to be addressed separately. In his view, this will speed up the resolution of divorce cases.

Statistics confirm the relevance of such changes: while in 2023 the number of new divorce cases was around 290,000, in 2024 it increased to approximately 320,000.