1. The Contested Divorce Process Begins
If one of the spouses does not accept the divorce case, it indicates that a consensual divorce is not possible. In this case, the case continues as a contested divorce.
2. Just Cause Must Be Shown
The party requesting the divorce must prove that the marital union has been fundamentally shaken or that one of the reasons for divorce specified in the Turkish Civil Code exists. These reasons include:
Severe incompatibility,
Infidelity,
Physical or psychological violence,
Abandonment,
Mental illness, etc.
3. The Woman’s Objections and Defense
If the woman does not want the divorce, she can explain to the court why she does not accept the divorce and present evidence. For example, she can claim that there is a reason for the continuation of the marriage or that the other party’s allegations are untrue.
4. The Court’s Decision
The court evaluates the evidence and witnesses presented by the parties.
If the party requesting the divorce can prove their claims sufficiently, the court may decide to grant a divorce.
However, if the evidence is insufficient or there is not sufficient grounds for divorce, the case may be dismissed.
5. Long Process and Legal Consequences
Contested divorce cases take longer than consensual divorces (may vary between 1-3 years).
Even if the woman does not accept the divorce, the court may decide to grant a divorce if it is convinced that the marriage cannot be sustained.
Even if the woman does not accept the divorce, the court may decide to grant a divorce based on legal evidence. It is recommended that the parties receive support from a lawyer during this process.
