Can a Man Get a Divorce If a Woman Doesn’t Want It?
According to the Turkish Civil Code, filing for divorce is the right of both spouses. One party’s refusal to divorce does not prevent the other party from filing for divorce. The party filing for divorce must present valid legal reasons to the court. The court will decide based on the adequacy of these reasons.
Does a Woman’s Refusal to Divorce Prevent the Case?
Contested Divorce: If the woman does not accept the divorce, the case is considered a contested divorce. In this case, the court will examine the reasons presented by the party seeking divorce.
The Importance of Evidence: If the party seeking divorce presents evidence supporting the reasons for divorce, the court may decide to grant a divorce even if the woman does not want it.
In Which Cases Can a Man Get a Divorce?
Marriage Union is Shaken to Its Foundations (TMK Article 166):
A divorce decision can be made in cases of disagreements between the spouses, severe incompatibility or when the marriage union has become unsustainable.
The fact that the woman does not want a divorce does not mean that the marriage union has not been shaken. The court evaluates this situation with evidence.
Special Reasons for Divorce:
Adultery (Cheating)
Attack on Life, Extremely Bad Treatment or Dishonorable Behavior
Committing a Crime or Living a Dishonorable Life
Abandonment
Mental Illness
If these situations are determined by the court, the man can get a divorce even if the woman does not want a divorce.
How Does the Court Process Work?
Proof of Reason for Divorce: The man must prove the reason for the divorce by presenting evidence to the court. For example, if it is based on severe incompatibility or one of the special reasons for divorce, he will present documents or witnesses proving this.
The Woman’s Defense: The woman can argue to the court that she does not want a divorce and that the marriage should continue. However, the court evaluates whether the marriage is sustainable objectively.
The Judge’s Decision: The judge decides to divorce or rejects the case based on the evidence and the statements of the parties.
The woman’s not wanting a divorce does not prevent the man from filing for divorce. However, in order to decide on a divorce, the court evaluates whether the marriage union can continue. If the man proves the reason for the divorce with evidence, the court can decide on a divorce even if the woman does not want it.
