Divorce Procedures in Turkey

Divorce procedures in Turkey today have become a lot to know because of the increase in divorce cases not only in Turkey but in all countries of the world, many marriages end as a settlement or as a defendant. Divorce is the situation in which one or both spouses can file a mutual application. It can be filed in the home of one of the spouses by applying to the court of the place of residence for the past 6 months or to the family court.

Those who marry foreign nationals must file a confession enforcement action in Turkey if the court of the country in which they reside accepts the case. Once accepted by the Turkish court, the case is put into practice.

 

How divorce procedures work in Turkey

In order to open a divorce case, the divorce procedure in Turkey must be done in detail which is to submit a petition with population information and address. The material and moral compensation information and the contact address of the other party must also be written. The court will allow you to follow the progress.

 

The reason for the divorce of the couple today in Turkey

The current legal regulations regarding divorce in the Turkish legal system are no different from European countries. First of all, it should be noted that; Divorce in our legal system can only be made by a decision of a judge in the presence of the reasons specified in the Turkish Civil Code. The Turkish Civil Code divides the grounds for divorce into two specific and general parts. The basis for this distinction is; Whether the reason for divorce is clearly, tangible and final stated in the Turkish Civil Code.

The law regulates general grounds for divorce, but it is up to the judge to decide exactly what falls under this category. 90% of those who file for divorce in Turkey open a divorce case on the basis of the general reason for divorce. The general reason for divorce is explained in the Turkish Civil Code as shaking the foundation of marriage.

 

Divorce procedures in Turkey and its causes

  • abuse
  • adultery
  • commit guilt
  • disgraceful behavior
  • abandonment or abandonment
  • mental illness
  • Living a humiliating life
  • severe incompatibility

 

Duration of Divorce - Can Divorce Procedures Be Held Quickly in Turkey?

The duration of divorce proceedings in Turkey varies according to the type of lawsuit, where it is filed, the reasons for filing it, and whether or not a lawyer should be hired. Divorce attorneys should be consulted to avoid procedural errors according to contentious or uncontested types of divorce. Your attorney will provide you with the necessary information about the situation.

 

What is an undisputed divorce?

Undisputed divorce It is a type of divorce in which the two parties agree on elements such as divorce, custody, property system, compensation and alimony. What is important in an undisputed divorce is to provide compatibility between the two parties.

Divorce institution contracted according to the Turkish Civil Code; Provided that the marriage lasts for at least one year, if the spouses go to court together or if one spouse accepts the case of the other, the marriage union is considered shaky from its foundation. In this case, for the decision and procedure for divorce in Turkey, the judge must listen to the parties himself and be satisfied that their will is freely expressed and agree to the regulation (protocol) that must be accepted by the parties regarding the financial consequences of the divorce and the condition of the children. The judge may make any changes he deems necessary to this agreement, taking into account the interests of the parties and the children. In this case, the parties are subject to the adoption of the divorce amendments. Since there is an agreed position, there will be no dispute between the parties and the case will be completed in a shorter time. If you can make joint decisions about alimony, custody, compensation, etc., and divorce by agreement, it is beneficial to both parties.

 

Transactions in Undisputed Divorce Cases

  • The fastest divorce procedures in Turkey are the cases that take place by agreement. When a full agreement is reached regarding the divorce and its consequences, the two parties complete their transactions in a short time. If the marriage lasts for one year or more, the procedure is speeded up by filing an uncontested divorce case, and until the results are obtained in one sitting.
  • In bigger cities, it may take longer for people who take 4 to 5 months in divorce cases. While cases are completed without any problems in a single session, legal procedures such as writing the reasoned decision, notifying the parties, and expiry of the appeal period take a minimum of 2-3 months. The official divorce takes place within 6 months.
  • In Turkey's disputed divorce proceedings, there are cases that last from 4 to 5 hearings due to the hearing of witnesses. When there is dissatisfaction between the parties, the case can be appealed to the Supreme Court. Thus, we may face lawsuits that take anywhere from 2 to 5 years.
  • Since divorce protocols and procedures in Turkey must be prepared completely according to the personal and legal situation of the parties, there is no standard divorce protocol that can be valid for all uncontested divorce cases. Special clauses to be included in the protocol should be prepared. Therefore, a divorce attorney should be consulted.

 

Circumstances in which the divorce case is rejected

  • Not all divorce cases are accepted. The judge accepts the case or rejects it according to the interrogation after the formation of the evidence.
  • Since the party found at fault has no right to file a lawsuit, the judge listens to the parties' witnesses in order to determine the faulty party.
  • If the plaintiff is at fault, he dismisses the suit.
  • If there are specific reasons for divorce, the case may be rejected in the cases determined by the doctor's report.
  • In suits filed regarding the reason for abandonment, if the warning letter is returned, the suit is dismissed.
  • If the dishonorable acts are not proven, the lawsuit shall be dropped. If 3 years have passed since the lawsuit was dismissed, a lawsuit can be filed for severe inconsistency.

 

How long does it take to resolve divorce cases on average in Turkey?

In undisputed divorce cases, the period is much shorter than in disputed divorce cases. Since it is an uncontested divorce, if the judge is satisfied, i.e. the judge listens to the parties himself and is satisfied that their will is freely expressed and finds the arrangement (protocol) acceptable to both parties with regard to the financial consequences thereof. Divorce and the state of the children, if any, in one sitting. This period may take from two to three months with the day of the first hearing and the following actions (petition to waive the appeal, termination of the decision, writing of the court decision to the civil registry office, etc.).

It is very difficult to set a specific time in uncontested divorce cases. When evaluated with both the court process and the appeal process following the judgment, a divorce can take 1-3 years.

 

Thus, we have come to the end of our article about divorce procedures in Turkey with regard to all cases and full information about each case, and in the end, let me tell you, dear visitors, that the decision to divorce requires a lot of thought before it is taken.