Contested Divorce Case in Turkey
The dissolution of the marriage union may occur with the death or absence of one of the spouses, or it may occur with a court decision. The marriage ends with the decision of divorce. Spouses can end the marriage union with two different divorce cases. In this context, the institution of divorce is carried out as either an uncontested divorce case or a contested divorce case. As a rule, a contested divorce is seen when the spouses cannot agree on the issue of divorce. In other words, when the parties cannot get an uncontested divorce or cannot agree on the issue of divorce, a contested divorce case comes to the fore. There may be multiple reasons why the parties cannot come to an agreement. A contested divorce case can be filed in cases of joint custody of children, alimony requests, compensation issues, disagreements in property division, and one of the spouses does not want to divorce.
IN WHICH CIRCUMSTANCES CAN A CONTESTED DIVORCE CASE BE OPENED?
In order for the divorce to take place, the judge must decide on the divorce with a lawsuit filed by one of the spouses, provided that both spouses are alive. The spouse or spouses who want to file a divorce case within the framework of Turkish Law have to base their case on a legal reason specified in the law. In this context, the parties may initiate the divorce process based on specific or general reasons for divorce. While the general reason for divorce is the deterioration of the marriage union, which is stipulated in TMK 166, the specific reasons for divorce are divorce due to adultery, divorce due to abandonment, divorce due to mental illness, divorce due to dishonorable life, and divorce due to bad and dishonorable behavior.
This reason for divorce, known as high-conflict divorce , is included in Turkish law as a general reason for divorce. In the event that the marriage union of the parties becomes unbearable to an extent that cannot be expected from them, a divorce may be decided.
Adultery is a special ground for divorce based on the breach of fidelity obligations of spouses to each other. If it is proven that one of the spouses had sexual intercourse with another person, the judge decides to divorce absolutely.
DIVORCE DUE TO FATAL INJURY, BAD BEHAVIOR, AND HONORABLE BEHAVIOR
In order for a divorce case to be filed based on these reasons, one of the spouses must be tried against his life by the other spouse or be treated badly or be subjected to a severely humiliating behavior. Acts such as committing violence and offending in public give the right to divorce based on this reason for divorce.
COMMITTING DISHONORABLE CRIMES OR LIVING BADLY
If one of the spouses commits a humiliating crime or leads a dishonorable life makes the life of the other spouse intolerable, they can file for divorce. Theft and sexual assault crimes are examples of humiliating crimes.
If one of the spouses has left the common house without a justifiable reason and the reason for this abandonment is to escape from the responsibilities brought by the marriage union, a divorce case based on abandonment can be filed. You can start your legal process after fulfilling the necessary issues such as giving a warning.