Divorce is regulated between Articles 161 and 185 of our Civil Code and can occur in two forms: contested and uncontested divorce. In this article, we will examine the differences and characteristics of these two types of divorce. However, since the divorce process can be complex, it is important to consult with a lawyer to avoid any loss of rights.

A contested divorce occurs when the parties cannot agree on the divorce and blame each other for the breakdown of the marriage. In such cases, each party tries to prove that the other is at fault. Contested divorce cases can take a long time because both sides present evidence to support their claims. Evidence may include wedding videos, property documents, bank transactions, phone records, witnesses, and other relevant materials. If the grounds for divorce are proven, the court may rule in favor of the less at-fault party. Contested divorce decisions can be appealed, which may prolong the legal process for years.

An uncontested divorce is a process where the parties agree on the divorce and meet the required conditions, allowing the process to conclude quickly. These cases are typically resolved in a single hearing. The parties prepare a divorce protocol, submit it to the court, and both must clearly express their intent to divorce at the hearing. For an uncontested divorce to be granted, the marriage must have lasted at least one year, both parties must attend the hearing, and there must be an agreement on financial matters and child custody if applicable. The judge may make adjustments in favor of the children and the parties' interests.

Grounds for divorce are divided into two categories: special and general reasons.

Special Reasons for Divorce: Infidelity, attempted murder, extremely bad or humiliating behavior, criminal activity, desertion, and mental illness are specific events considered grounds for divorce.

General Reasons for Divorce: The breakdown of the marital union, mutual agreement on divorce, and the inability to establish a joint life are considered general reasons for divorce.

Absolute Reasons for Divorce: If one of these reasons is proven, the judge is obliged to rule for divorce. Examples include infidelity, attempted murder, and mutual agreement on divorce.

Relative Reasons for Divorce: In these cases, it is not enough to prove the reason for divorce; it must also be shown that the marital life has become unbearable. Criminal activity, dishonorable behavior, and the breakdown of the marital union fall under this category.

Infidelity: Infidelity occurs when one spouse voluntarily engages in sexual relations with a third party and is considered a breach of marital fidelity.

Attempted Murder, Extremely Bad, or Humiliating Behavior: Any act by one spouse aimed at killing the other or physical and psychological violence falls into this category.

Criminal Activity and Dishonorable Life: If a spouse commits a socially degrading crime or leads a life incompatible with moral and honor standards, this constitutes grounds for divorce.

Desertion: Desertion occurs when one spouse leaves the marital home unlawfully or lives separately without a valid reason.

Mental Illness: Divorce on the grounds of mental illness requires a medical report confirming that the illness is incurable and makes joint life intolerable for the other spouse.

Given these reasons, divorce cases are unique and involve specific legal details. It is critical to seek legal assistance due to the complexity and length of these cases.

According to Article 166, Paragraph 1 of the Turkish Civil Code, for a divorce to be granted on the grounds of the breakdown of the marital union, certain conditions must be met. The marital union must have been fundamentally damaged to the extent that continuing the marriage would be unbearable for at least one of the spouses. Furthermore, according to Paragraph 2 of Article 166, there must be no claim or rejection of the plaintiff's heavier fault.

Certain conditions must be met for an uncontested divorce to be granted. First, the marriage must have lasted for at least one year. Second, both parties must apply to the court together or one spouse must accept the other's case. The judge must personally hear the parties and be convinced that their decision to divorce is freely made. Additionally, the agreement between the parties must be approved by the judge. If these four conditions are met, the uncontested divorce can proceed.

For a divorce to be granted on the grounds of the inability to establish a joint life, a previous divorce case must have been dismissed, and three years must have passed since the rejection of the case. During this period, the couple must not have re-established a joint life. In such cases, either spouse may file for divorce.