According to the Civil Code No. 4721, a divorce case can be filed in two ways. These species
- a) Uncontested divorce case,
- b) Contested divorce case.
Uncontested divorce is a type of divorce that takes place with the mutual consent of the spouses. Uncontested divorce is concluded in a single hearing without any problems. If one of the spouses doesn’t agree on even one article of the protocol, uncontested divorce turns into contested divorce.
Contested divorce, on the other hand, includes material and moral compensation, alimony, custody, sharing of household goods, etc. It is the type of case about who will be responsible for divorce in matters of divorce.
A contested divorce case can be filed for two categorical reasons:
What are the General Reasons for Divorce?
1) If there is one of the special reasons for divorce,
2) If the marriage union is so shaken that they can no longer live together,
One of the spouses can file for divorce. In these cases, if it is clear that the plaintiff’s fault is more severe, the defendant has the right to object to the divorce case. However, if this right of objection is seen as an abuse of rights and there is no interest worthy of protection for the defendant and the children in the continuation of the marriage union, a divorce decision can be made.
If the marriage has lasted at least one year, if the spouses submit a joint petition, or if one spouse accepts the other’s petition, the foundations of the marital union are deemed to have been shaken. In this case, in order for the judge to make a divorce decision, he or she must listen to the parties in person, be sure that they express their will freely, and approve the agreement that the parties have agreed on the financial consequences of the divorce and the situation of the children.
The judge may make any changes he deems necessary in this contract, taking into account the interests of the parties and the children. In this case, the parties are subject to the adoption of amendments to the divorce. In this case, the provision that the confessions of the parties do not bind the judge shall not apply.
If the lawsuit filed with one of the grounds for divorce is rejected and three years have passed since the finalization of this decision, the marriage union is deemed to have been shaken to the core and a divorce decision is made upon the request of one of the parties.
What are the Special Reasons for Divorce?
Divorce cases based on specific divorce grounds are as follows:
1) Divorce due to adultery (cheating) (TMK art. 161),
Adultery Item 161- If one of the spouses has committed adultery, the other spouse can file for divorce. The right to sue ends 6 months from the date on which the spouse, who has the right to sue, learns the reason for the divorce, and in any case, 5 years after the act of adultery. The party who forgives the act of adultery has no right to sue.
2) Divorce due to endangering life, very bad or dishonorable behavior (TMK Article 162),
A spouse may file for divorce due to intent on life, very bad or dishonorable treatment, intent on the other’s life or gross ill-treatment, or grossly dishonorable treatment. The right of action expires 6 months after the authorized spouse learns the reason for the divorce, but in any case 5 years after the emergence of this reason. The giver has no right to sue.
3) Divorce due to committing a crime and leading a dishonorable life (TMK Article 163),
Committing a crime and leading a dishonorable life Item 163- If one of the spouses commits a humiliating crime or leads a dishonorable life and the other spouse cannot reasonably be expected to live with him for these reasons, that spouse can always file for divorce.
4) Divorce due to abandonment (TMK Article 164),
Renunciation (1) Item 164- If one of the spouses leaves the other in order not to fulfill their obligations arising from the marriage union or does not return to the common residence without a justified reason, the separation lasted at least six months and if this situation continues, the warning, the judge or the notary public’s request is unsuccessful. in case of; Abandoned spouse can file for divorce.
The spouse who forces him to leave the joint house without a valid excuse or prevents him from returning to the joint residence is also considered to have moved. Upon the request of the spouse who has the right to file a lawsuit, the judge or the notary warns the moving spouse about the consequences of not returning to the shared residence within two months without examining the merits of the case. If necessary, this warning is made with a notice.
However, in order for a divorce case to be filed, a warning cannot be requested before the fourth month of the period expires. A lawsuit cannot be filed until two months after the warning.
5) Divorce due to mental illness (TMK Article 165),
mental illness Art. 165- If one of the spouses is mentally ill and as a result, living together becomes unbearable for the other spouse, this spouse may file a divorce case, provided that it is proven with the opinion of the health authority that the disease cannot be cured.
The legal consequences of special divorce grounds and the legal consequences of general divorce grounds are different.
If there are specific reasons for divorce in a marriage, you do not need to prove whether the other party is at fault as the plaintiff, you just have to prove that there is a specific reason for the divorce.
In general divorce grounds, both the plaintiff and the defendant have to prove that the other party is at fault, but after this proof is made, a divorce decision can be made.
