So, which behaviors of couples due to technology and social media can be shown as a reason for divorce? Lawyer Çağatay Üsküdar, whom we consulted, shared with us information that will enlighten the couples on this issue.
TMK ARTICLE 185
“Marriage union is established between spouses with marriage. Spouses are obliged to jointly ensure the happiness of this union and to take care of the care, education and supervision of children together. Spouses have to live together, stay loyal to each other and help each other.”
The legislator has clearly stated in this article the responsibilities of the spouses with whom a marriage union has been established, in the common living areas. Each spouse undertakes these responsibilities voluntarily when establishing a marriage union. When it is not fulfilled, it can disrupt the balance of relations and peace between spouses.
Mobile game addiction, marriage responsibilities TMK m. It can be asserted as grounds for divorce due to non-fulfillment in accordance with 185.
Game addiction does not only cause this, in addition, there must be situations such as “severe incompatibility” and “indifference” in divorces with demand for game and internet addiction.
One of the spouses spends most of their time on social media sites/internet
2nd Civil Chamber of the Supreme Court of Appeals Basis: 2014 / 19849 Decision: 2015 / 4186 Decision Date: 11. 03. As mentioned in the 2015 decision, the fact that one of the spouses spends most of his time on social media sharing sites and the Internet, to a degree that shakes the common life between the parties to its foundation. It can be considered as a discord that will not allow the continuation of the union.
An example: In Adana, a woman filed for divorce on the grounds that her retired husband was at the computer all day, he even ate his dinner at the computer, he did not take care of himself and his family, and therefore family order and relations deteriorated. The case ended in divorce due to the woman’s request and her husband’s acceptance of the technology, citing the technology.
Again, similar to mobile game addiction, game console addiction is also covered by TMK m. It can be asserted as grounds for divorce due to non-fulfillment in accordance with 185.
Making expenditures that can be considered as waste due to technology addiction
Another negative aspect of technology addiction can be the purchase of every new technological product. Considering that technology is an expensive hobby in our country, the Court of Cassation may see that if the spouse who makes debts with extravagant behaviors does not get the consent of the other spouse, this can be seen as a reason for divorce, which will shake the foundation of the marriage union.
Konya Regional Court of Justice 2nd Civil Chamber Basis: 2019 / 1732 Decision: 2020 / 282 Decision Date: 12. In the decision numbered 02.2020, it was considered as one of the grounds for divorce that one of the spouses spends enough to tie their salary to computer games.
Meeting with others through games played in the virtual environment
Another reason for divorce caused by technology is meeting with people of the opposite sex from places such as chat rooms, especially on online games. In cases where it occurs in conversations that can be considered emotional between people, this issue is considered by the courts as a distrust-shattering behavior.
TMK ARTICLE 161
“If one of the spouses commits adultery, the other spouse can file a divorce lawsuit. The right to sue falls within six months, and probably five years after the act of adultery, starting from the fact that the spouse who has the right to file learns the reason for the divorce. The pardoning party has no right to sue.”
In this article, which is stated by the legislator among the special reasons for divorce listed between Articles 161 and 165 of the TMK, it is clearly stated that cheating and infidelity between spouses are grounds for divorce.
As cheating is a specific and absolute reason for divorce, it results in the divorce of the parties in court. If the communication services offered in the game are used in line with wrong intentions, it leads to the termination of the marriage union due to infidelity.
In order for internet addiction to be accepted as a reason for divorce, internet use must have reached a level that neglects the spouse and children.
Documenting that internet use is at the level of medical addiction is therefore not mandatory, even if it will facilitate the job of the party seeking a divorce. Divorce will occur if it is proven for various reasons that the spouse constantly neglects his family due to the use of the Internet and that this situation has reached an intolerable point. It is also possible to request compensation from the spouse who is at fault due to internet addiction, if there are conditions.
Lawyer Mehmet Helvacı, who is experienced in divorce cases, states that family judges generally try to ensure the continuation of the family foundation.
Experienced lawyer says, “Judges cannot divorce anyone because of computer games or internet addiction.” It is stated that situations such as “severe incompatibility” and “indifference” in divorces up to game and internet addiction will be considered as reasons for divorce by the judge. Despite this, the courts prefer to refer couples who claim gaming addiction as the reason for divorce to family psychologists.
Sources: Atty. Çağatay Üsküdar, Atty. Mehmet Helvacı, Maya Hukuk, Liberty Law
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