Yes, it can be. If it is proven that a spouse used drugs during the marriage, the court may accept this as fault that fundamentally shook the marriage. Under Turkish Civil Code (TMK) arts. 166 and 174, this fault affects the divorce decision and the fault-based claims for pecuniary and non-pecuniary compensation. However, the Court of Cassation (Yargıtay) strictly requires two conditions: the fact must have been expressly relied on in the statement of claim or the statement of defence, and it must be proven that the drug use took place during the marriage.
Which ground for divorce?
Drug use is not listed in the law as a separate ground for divorce. It is usually put forward as fault in a divorce action based on the irretrievable breakdown of the marriage (evlilik birliğinin temelinden sarsılması, TMK art. 166(1)). The court asks the following questions:
- Did the drug use really happen, and during the marriage?
- Did this behaviour make life together unbearable?
- Is the other spouse also at fault? How is the fault distributed?
In serious situations, such as the spouse being convicted of drug trafficking, the ground of committing a crime and leading a dishonourable life (TMK art. 163) may also come into play.
Proof: what counts as evidence?
- Witness statements: accounts of people who saw the drugs or drug paraphernalia at home, or saw the spouse under the influence,
- Criminal file: an investigation or prosecution for the offence of drug use, a postponement decision, a report of the Forensic Medicine Institute (Adli Tıp),
- Health records: records of addiction treatment,
- Messages: messages obtained by lawful means.
Whether evidence obtained by secretly accessing the spouse’s phone or secretly recording them can be used is a separate question, and doing so may lead to criminal liability. You should consult a lawyer before collecting evidence.
Common mistakes
- Not relying on the fact: An incident not put forward in the petition cannot be attributed to the spouse as fault, even if witnesses describe it. The Court of Cassation is clear on this.
- Events before the marriage or events that were forgiven: Drug use before the marriage, or incidents that were tolerated by continuing to live together for a long time after learning of them, may not be considered sufficient fault on their own.
- A mere allegation: Saying “they use drugs” is not enough; concrete evidence is needed.
Custody and contact with the child
The decisive factor in a custody decision is the best interests of the child. A parent’s addiction is taken into account in deciding custody and arranging personal contact if it is serious enough to affect the child’s safety. Where necessary, a social inquiry report and an expert opinion are requested.
Recent Court of Cassation decisions
- Court of Cassation 2nd Civil Chamber, 17.02.2026, E. 2025/7561, K. 2026/1803: The first-instance court had attributed the fault of drug use to the husband. The Court of Cassation stated that it had not been proven that the use took place after the marriage, and that attributing this fault to him was wrong. Since, because of his other faults, the finding that the husband was the more at-fault party did not change, the decision was upheld. Decision text
- Court of Cassation 2nd Civil Chamber, 16.12.2025, E. 2025/3745, K. 2025/11280: The claimant wife had not relied on the fact of drug use. Therefore, the court’s attribution of this fault to the husband was not found correct. Since the assessment of full fault did not change because of the other faults, the decision was upheld. Decision text
- Court of Cassation 2nd Civil Chamber, 07.03.2024, E. 2023/4940, K. 2024/1565: Witnesses stated that they had seen drugs in the family home and had seen the husband under the influence. The husband had also spent 20 months in prison for theft during the marriage. The decision granting the divorce on the basis that the husband was fully at fault was upheld. Decision text
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.