Can a divorce take place even if one of the spouses does not want a divorce?

There are two types of divorce in Turkish law: Uncontested divorce and contested divorce. In an uncontested divorce, both parties agree to a divorce. They will make an agreement on financial issues, child custody and property division.

Although the judge has a chance to intervene in this, if both parties adopt and approve the intervened matters, an uncontested divorce takes place. In a contested divorce, one of the parties does not want a divorce. In this case, the spouse who has filed the case is obliged to prove that the marriage has become unbearable. It is imperative that the court agrees on this. In cases where one of the parties does not want a divorce, the process of collecting evidence and proving the case is prolonged due to the density of the legal system and courthouses in Turkey. The most important reason for this is that especially in big cities, hearings are not held at short intervals, but at long intervals such as two to three months.