Marriage is a legal and emotional bond between spouses. In some cases that union can no longer be sustained and divorce becomes unavoidable. Filing a divorce case is the first step of the legal process. In Turkey the divorce process is conducted under the provisions of the Civil Code and follows specific steps. In this article we cover how to file for divorce, choosing a divorce lawyer, and the uncontested and contested divorce processes.
Conditions for Filing and Required Documents
To file for divorce, the conditions set out in the Turkish Civil Code must be met. In general the grounds are: the fundamental breakdown of the marriage, adultery, attempt on life, very ill-treatment or humiliating behavior, committing a crime and leading a dishonorable life, desertion, and mental illness. The grounds are expressly stated in the law, and for the case to be accepted one of them must exist and be proven. Some basic documents must be submitted to the court:
The Petition
The most important step is a properly prepared petition. It must clearly state the identity details of the claimant and the respondent, the date of marriage, the grounds for divorce and the requests. Evidence may also be submitted with it. Help from a divorce lawyer is important for preparing the petition correctly and completely.
Copy of the Marriage Certificate
The marriage must be documented officially, so a notarized copy (or a copy certified as identical to the original) of the marriage certificate should be attached to the petition.
Copies of Identity Documents
Copies of the identity documents (ID card, passport and so on) of both spouses are also among the documents to be submitted to the court.
The Filing Process and Court Stages
The process begins when the petition is submitted to the competent family court. The competent court is generally that of the place where one of the spouses resides, or the place where they have lived together for the last six months.
Submission of the Petition and Preliminary Review
The petition and documents are delivered to the family court registry. The court checks the petition for form and procedure. If anything is missing, the claimant is given time to complete it.
Service and the Response Petition
The court serves the petition on the respondent spouse, who has the right to submit a response petition within the statutory period after service. The response contains defenses against the claimant’s allegations and, where applicable, a counterclaim and evidence.
Preliminary Hearing and Investigation
After the response petition, the court invites the parties to a preliminary hearing, where their claims and defenses are heard, evidence is submitted and the course of the case is set. In the investigation stage, evidence such as witness testimony and expert examination is collected. This stage can be longer and more detailed in contested divorce cases.
Differences Between Uncontested and Contested Divorce
Divorce cases are generally handled in two types, which differ significantly in how they work and in their results.
Uncontested Divorce
If the spouses fully agree on the divorce itself and on its financial consequences (alimony, compensation, division of property, custody and so on), it is an uncontested divorce. It proceeds much faster and more easily than a contested one. The protocol prepared by the parties is approved by the court, and the divorce decision is generally given at a single hearing. Advice from a lawyer experienced in uncontested divorce helps ensure the protocol is fair and lawful.
Contested Divorce
If the spouses cannot agree on the grounds for divorce or its financial consequences, a contested divorce case is filed. Because it involves gathering evidence, hearing witnesses and preparing expert reports, it can be longer and more complex. To defend their rights in the best way, the parties should work with an experienced divorce lawyer, and lawyers’ fees vary with the complexity of the case.
Filing for divorce calls for a careful and meticulous approach. Taking the right steps and submitting the necessary documents in full is critical to a fast and smooth process. Every divorce is unique, and professional legal support helps you protect your rights. For more on our services, see our divorce lawyer in Ankara page.
Frequently Asked Questions
Which court should I file for divorce in?
The family court of the place where either spouse resides, or where the spouses have lived together for the last six months.
What documents are needed to file for divorce?
A petition, a copy of the marriage certificate and copies of both spouses’ identity documents, plus any evidence.
What is the difference between uncontested and contested divorce?
In an uncontested divorce the spouses agree on everything and the court approves their protocol, usually at a single hearing. A contested divorce involves evidence, witnesses and takes longer.
Do I need a lawyer to file for divorce?
It is not always legally required, but a lawyer helps prepare the petition and protocol correctly and avoid procedural mistakes.
This article is for general information only and is not legal advice. Translated from the original Turkish text.