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Filing a Contested Divorce

In Article 166 of the Turkish Civil Code, one of the reasons for general divorce is to shake the marriage union. If the marriage union has been shaken from the foundation and the maintenance of the marriage union has become unexpectedly difficult for them, each spouse can file a divorce. If the plaintiff’s defect is more severe, the defendant has the right to appeal the case. If the right is abused, it may be decided to divorce if the continuation of marriage has no benefit for the defendant and children.

How to Open a Controversial Divorce?

If the judge refused the divorce for any reason and the common life could not be re-established for any reason for three years since the rejection decision was finalized, it would be deemed to be shaken from the foundation of the marital union and a divorce is decided upon the request of one of the spouses.

Divorce decision is not made with the submission of the unilateral divorce will. In order to decide on a divorce, the spouse who wants to divorce must have a defect, otherwise the divorce decision cannot be made. Apart from this, it is possible to divorce one of the spouses without fault, if there is a negotiated divorce. In order for the court to decide on divorce, both spouses must be ex officio at the hearing.