Deciding to divorce may look like an ending, but it is really the first step of a new beginning for both sides. If you can shake hands with your spouse on certain matters, the Turkish Civil Code offers you a “war-free” way out. Here is the uncontested divorce process step by step, with all its legal details.
What Are the Conditions for an Uncontested Divorce?
Not every couple can say “we agreed” and divorce the next day. To prevent abuse of this process and hasty decisions by the parties, the legislator has set some basic conditions:
- The marriage must have lasted at least 1 year: perhaps the most critical condition. If a full 365 days have not passed since the wedding, you cannot file an uncontested divorce case. In that case roundabout routes, such as filing a contested case and converting it into an agreed one, may be needed.
- The spouses apply together, or one spouse accepts the other’s case: you can file together, or it is enough for one side to accept at the hearing the case filed by the other.
- Declaration of will before the judge: even if you have a lawyer, the judge wants to see you in person and ask, “Do you want to divorce of your own free will?” Attendance is required for a divorce in a single hearing.
- Approval of the protocol: the uncontested divorce protocol must be found suitable by the judge. The judge may intervene, especially on clauses about custody of the children, because these concern public order.
How Is the Uncontested Divorce Protocol Prepared?
The protocol is the heart and soul of this case. The uncontested divorce protocol is a contract regulating the financial and legal consequences of the divorce. An incomplete protocol can come back years later as new cases.
Clauses that must be in the protocol:
- Custody and personal contact: with whom the children will stay and on which days they will see the other parent must be clear.
- Child support and poverty alimony: the amounts payable for the children and for the spouse must be stated clearly.
- Material and moral compensation: whether the parties have compensation claims against each other and, if so, the amount must be written.
- Property division: who keeps the house, car, cash in the bank or jewellery must be set out in detail.
How Long Does an Uncontested Divorce Case Take?
Many people ask, “Can it be finished today?” The answer depends on bureaucracy, but an uncontested divorce case generally concludes within 2 to 6 weeks after filing. This may vary with court workload, but given that contested cases can last for years, it is quite reasonable.
Tips to speed the process up:
- Prepare your petition completely and properly.
- Try not to coincide with the judicial recess (20 July – 31 August).
- Follow the notification processes yourself to save time.
Uncontested Divorce Fees and Court Costs
The cost of divorce has two main items: state fees and the lawyer’s fee. The fees are determined according to the fee tariffs updated each year.
- Application fee and expense advance: the court cashier costs paid when filing the case.
- Lawyer’s fee: not below the minimum tariff set by the bar associations, varying with the complexity of the case. Working with a lawyer protects you from “accidentally giving up all your rights”.
How Is Property Divided in an Uncontested Divorce?
In an uncontested divorce, property division is left entirely to the parties’ free will. You do not have to follow the rules of the statutory regime, “participation in acquired property”. For example, you may leave to your spouse entirely a house that by law would be divided equally, or transfer it for cash. What matters is that this is written in the protocol “in a way that leaves no doubt”.
How Is an Uncontested Divorce Petition Written?
The case starts with an uncontested divorce petition submitted to the competent Family Court. The petition should contain the parties’ ID numbers and addresses and emphasise that the “marriage has been shaken to its foundations”. The signed protocol must be attached.
Important note: “severe incompatibility” is a legal term and is a sufficient ground for the judge to grant a divorce in uncontested divorces.
Frequently Asked Questions
Is a divorce in a single hearing certain?
If the conditions are met and there is nothing unlawful in the protocol, the judge gives the divorce decision at the first hearing. So yes, a divorce in a single hearing is possible.
What happens to the surname after divorce?
As a rule the woman returns to her maiden name. However, if she has an interest in using her husband’s surname and this will not harm the husband, she may continue using it if it is stated in the protocol and approved by the judge.
Can you back out of an uncontested divorce?
If in the courtroom, when the judge asks “Do you want to divorce?”, one of the parties says “No”, the case loses its uncontested character at that moment and turns into a contested case.
Conclusion and Recommendations
The shortest answer to “how is an uncontested divorce done?” is: agreement, a correct protocol and legal follow-up. This process is not just a separation on paper but a guarantee of your future peace. To minimise material and moral losses, get support from a legal professional. See our divorce lawyer in Ankara page for details.
This article is for general information only and is not legal advice.