Is Unilateral Divorce Possible?

Is Unilateral Divorce Legally Possible?

Pursuant to the Turkish Civil Code, divorce proceedings may principally be initiated in two forms: consensual divorce and contested divorce. One of the most frequently raised questions in practice concerns whether the divorce process may be commenced unilaterally. The answer to this question varies depending on the type of divorce in question.

What Is Consensual Divorce?

Consensual divorce is possible where both parties mutually agree on the termination of the marriage. The legislator has prescribed certain conditions for the court to grant a consensual divorce:

• The marriage must have lasted for at least one year,

• The parties must jointly or separately file the petition and personally declare before the court their consent to divorce,

• The parties must have reached an agreement regarding the financial consequences of the divorce (alimony, pecuniary and non-pecuniary compensation, liquidation of the matrimonial property regime) as well as matters concerning the custody of children and the regulation of personal relations.

If these conditions are not fulfilled, the provisions on consensual divorce shall not apply. Accordingly, as consensual divorce requires the concurrence of both parties’ wills, it cannot be initiated unilaterally.

What Is Contested Divorce?

If only one of the spouses petitions for divorce, or if the other spouse does not consent to the divorce, the proceedings are conducted as a contested divorce action. This constitutes the legal avenue through which divorce may be pursued unilaterally.

In contested divorce proceedings, the petitioning spouse must base the claim on one of the grounds for divorce expressly regulated under the Turkish Civil Code. Such grounds include:

• Adultery,

• Attempt on life, cruel treatment, or grievous insult,

• Commission of a crime or leading a dishonorable life,

• Desertion,

• Mental illness,

• Breakdown of the matrimonial union (irretrievable breakdown of the marriage).

Contested divorce proceedings are generally lengthier and more burdensome compared to consensual divorce. During the process, the court evaluates witness testimonies, written documents, expert reports, and other evidence. Furthermore, since the parties are often in dispute regarding issues such as alimony, custody, and division of property, the court is required to render judgments on these matters as well.

Conclusion on Unilateral Divorce

In the Turkish legal system, unilateral divorce is possible; however, it may only be pursued through a contested divorce action. For a consensual divorce, the concurrence of both parties’ wills is a mandatory requirement.

Accordingly, if one spouse wishes to divorce but the other does not consent, a contested divorce action may be initiated unilaterally. Nevertheless, the petitioning spouse must submit to the court the legal grounds and supporting evidence substantiating the claim.

📌 In summary:

• Consensual divorce cannot be pursued unilaterally.

• Contested divorce may be initiated unilaterally, subject to the claimant’s burden of proof.

Divorce proceedings require not only the parties’ declarations of will but also substantial legal knowledge and expertise. For this reason, you may contact our office to obtain professional legal assistance in your divorce cases.