Divorce Case

DIVORCE CASE

A divorce case is a legal process initiated to terminate a marriage legally. According to the Turkish Civil Code, one or both spouses may apply to the court for divorce under certain conditions. Divorce cases are heard in family courts.

Types of Divorce Cases:

Uncontested Divorce:
If the spouses agree on the divorce and its consequences (alimony, custody, division of property), they can jointly apply to the court.
The process proceeds faster and without dispute. If possible, the divorce is finalized in a single hearing. In an uncontested divorce, the spouses apply to the court with a mutually agreed protocol. If the court approves the protocol, the divorce is finalized in the first hearing.
To ensure that the conditions for uncontested divorce are met, it is advisable to consult with a lawyer.
Conditions for an uncontested divorce are:

• The marriage must have lasted at least one year.
• Both spouses must file the divorce petition together or one must accept the case filed by the other.
• The judge must hear the parties in person during the hearing and confirm their free will. The judge must also find the financial and child-related arrangements in the divorce protocol appropriate.
• If the judge approves the agreement, the divorce decision is granted.

Contested Divorce:
If the spouses cannot reach an agreement, one may file a case against the other.
The reason for divorce (infidelity, violence, incompatibility, etc.) must be proven.
The process is longer and more complex, with multiple legal consequences.

Grounds for Divorce (Articles 161-166 of the Turkish Civil Code):

• Adultery (Infidelity)
• Attempt on life or maltreatment (Violence, threats)
• Committing a crime or leading a dishonorable life
• Abandonment (Long-term disappearance of a spouse)
• Mental illness (Situations that make continuing the marriage difficult)
• Breakdown of the marital union (Incompatibility)

Legal Consequences of Divorce:

• Division of property: Acquired assets are shared equally.
• Alimony: Child support (participation alimony) or spousal support (poverty alimony) may be ordered.
• Custody: Child custody is determined by prioritizing the best interest of the child.
• Surname: The woman may continue to use the marital surname or revert to her maiden name.

How Does the Process Work?

• A petition is prepared and submitted to the family court.
• In uncontested divorce cases, an urgent hearing date is requested, and both spouses appear before the court.
• Submission of evidence and court hearings follow.
• The judge’s decision (once finalized, the divorce is registered with the civil registry).

Divorce cases are complex lawsuits involving multiple claims and outcomes. Therefore, it is important to seek assistance from a Sakarya divorce lawyer or Sakarya family lawyer.

Contact us for more information.

FC Law & Consultancy - Atty. Furkan Coşkun