Does the Duty of Fidelity Between Spouses End After Filing for Divorce?
In this article, I would like to discuss the debate regarding whether the duty of loyalty between spouses continues after a divorce case has been filed. The duty of loyalty is regulated in the first section of the third chapter of the Turkish Civil Code, which is titled "General Provisions of Marriage" and covers "Rights and Obligations."
GENERAL PROVISIONS OF MARRIAGE
A. Rights and obligations
Article 185- A matrimonial union is established between spouses upon marriage.
Spouses are obliged to ensure the happiness of this union through joint effort and to take care of the care, education, and supervision of their children together.
Spouses are obliged to live together, remain loyal to one another, and provide mutual assistance.
In the matrimonial union established upon marriage, spouses have a duty to remain loyal to each other until the marriage ends.
As a rule, it is not considered appropriate for spouses to form emotional bonds with or engage in relationships with others until the marriage is dissolved. The party who violates this rule during the marriage is considered at fault.
The dissolution of a matrimonial union does not occur only through divorce. The death of one of the spouses, a declaration of absence, or a change of gender by one of the spouses also terminates the marriage. In this article, we are discussing the duty of loyalty spouses have toward each other until the matrimonial union is dissolved by divorce.
One or both spouses may apply to the Family Court to file for divorce, and the divorce process begins. Even if the spouses' intent to divorce has been expressed, the parties may change their minds during the proceedings, the judge may rule for separation, or the judge may decide against the divorce—in these cases, divorce may not occur despite the initiation of the process. For these reasons, parties are considered officially married until the court's decision regarding their divorce becomes final. Even though the divorce process has begun, the spouses' duty of loyalty toward each other continues. If one of the spouses forms an emotional bond or has a relationship with someone else, they will have violated their duty of loyalty.
The Court of Cassation holds two different views on this matter. The first view states: “The duty of loyalty of spouses continues not only during the marriage but also after a divorce case is filed.” According to this view, spouses must behave loyally toward each other even after filing for divorce. In fact, in many of its rulings, the Court of Cassation considers the violation of the duty of loyalty after the filing of a divorce case as a reason for increased fault. Any behavior by the parties during the ongoing divorce proceedings is also effective in determining their level of fault. Spouses who engage in emotional or sexual unions with others during the divorce process are considered "at fault." As a result of these faulty behaviors, the at-fault spouse may be required to pay compensation to the other party. They may even have rulings made against them regarding alimony and child custody.
The second view of the Court of Cassation states: “The spouses' duty of loyalty ends after the divorce case is filed.” If spouses commit acts of disloyalty after the date of filing, these faulty behaviors are not taken into account in the case. According to this view, spouses are not obligated to adhere to the duty of loyalty after the case is filed. Parties whose duty of loyalty toward their spouse has ceased may form emotional or sexual unions with whomever they wish. This situation cannot be made a subject of the lawsuit, and the spouses are not considered at fault for these actions.
In the article above, I have attempted to summarize both the principle of loyalty established as a rule by the Civil Code and the different views of the Court of Cassation on this subject. The dictionary definition of loyalty is sincere devotion. I humbly advise all married couples to remain sincerely devoted to each other as long as they remain married, and I wish you healthy, happy, and peaceful days.