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Divorce Order in Contested Divorce Cases

Divorce Order in Contested Divorce Cases

According to the Family Law (Marriage and Divorce) No. 1/98, a lawsuit should be filed in order to obtain divorce. There are two types of divorce cases that can be opened during the divorce: Consensual and Contested Divorce.

In consensual divorce cases, both of the spouses are willing to divorce and agree on all legal consequences of divorce. In contested divorce cases, there may be conflicts between the parties on the results of divorce, such as custody of the child, payment of child maintenance, payment of compensation, or how the property will be shared, or one of the spouses may not be willing to divorce.

The spouse who is not willing to get divorced might be doing so for various reasons such as willing to repair the marriage, aiming  to extend the divorce case, property sharing, or even child maintenance or compensation issues.

In a case where one of the spouses does not want to divorce, the spouse asking for the divorce needs to prove the reason of divorce in order for the divorce to take place. The Court decides for the divorce to take place if the union of marriage is shaken to the extent that it cannot be repaired. Therefore, a party's refusal to divorce does not cause the case to be rejected and canceled, only prolongs the process of divorce.

Attr. Berke Ada
  • Attr. Berke Ada
  • March 2019