BOŞANMA DAVASINDA KARŞI TARAF BOŞANMAK İSTEMEZSE NE OLUR | Av. Aysel Aba Kesici

☎️ 𝟎𝟓𝟎𝟔 • 𝟔𝟔𝟗 • 𝟎𝟗 • 𝟖𝟓 • Istanbul ｜⚖️ My Rights Legal Consultancy and Mediation Office ⚖️ WHAT HAPPENS IF THE OTHER PARTY DOES NOT WANT TO GET A DIVORCE IN A DIVORCE CASE? One of the most frequently asked questions in the divorce process is how the process will proceed if one spouse does not want to divorce. So, what happens if one spouse does not want to divorce? Can the court still grant a divorce? According to the Turkish Civil Code, the authority to decide on the continuation of the marriage rests with the judge's discretion, not the will of the parties. Therefore, a spouse's statement "I don't want a divorce" alone does not preclude a divorce. Marriage is too important a social institution to be left solely to the will of the parties. When evaluating a divorce petition, the judge considers not only the statements but also the actual and legal status of the marriage. The judge examines the parties' potential for a cohabitation, whether existing conflicts can be resolved, and whether the marriage has become unbearable for the parties. There are two avenues for divorce: consensual and uncontested. Consensual divorce is possible when both parties agree to the divorce and its consequences. If one spouse does not want a divorce, this avenue is closed, and the case becomes a contested divorce. In a contested divorce, the judge assesses whether the marriage has truly ended and whether the parties can live together. A spouse's refusal to divorce does not prove that the marriage is healthy. The judge bases his or her decision on concrete facts, witness testimony, written documents, and living conditions. Divorce is granted only when evidence of violence, infidelity, abandonment, and degrading behavior is proven. The law does not grant the other spouse unlimited right to resist in a case filed by a spouse with equal or lesser fault. However, if the spouse filing for divorce is entirely at fault and the other spouse is not at fault, the spouse's declaration of "I do not want a divorce" is taken into account, and the court may dismiss the case. The Supreme Court of Appeals also emphasizes that in cases where the marriage has effectively ended and there is no possibility of reunification between the parties, one spouse's refusal to seek divorce does not preclude a divorce. Consequently, even if the other party does not wish to divorce, the court may grant a divorce if it can be proven that the marriage has fundamentally broken down and there is no possibility of reunification between the parties. Consent is required for a consensual divorce; in a contested divorce, the court bases its decision on objective criteria.