Uncontested Divorce Cases

We are in a busy wedding season right now… We wish that all marriages will happily last a lifetime. In practice, however, things cannot always go as they are thought, and marriages sometimes end up with divorce.

Divorce is a very painful process that makes the spouses miserable. This process is relatively easy to overcome if it is an uncontested divorce.

Contested divorce cases can be opened based on certain reasons specified in the Turkish Civil Code (for example: the fundamental breakdown of marriage, adultery, abandonment, mental illness, etc.). The divorce can last for at least 2 years (sometimes longer) because of the time-consuming collection of evidence and the intensity of family courts. During this long period, the spouses, their families and the relatives of the other parties are wearing out psychologically.

In uncontested divorce cases, this process lasts shorter. Uncontested divorce cases are regulated by the 166/3 Article of the Turkish Civil Code. How does this legal remedy work? The spouses make a protocol to determine who will be given custody of joint children, alimony and the amount of compensation will be given, how to give / distribute the goods in detail. They can open up a legas case together in a family court with this protocol, one spouse can accept the case opened by the other based on such a protocol. If the spouses themselves come to the first hearing of the case and agree to the protocol, the spouses can divorce if the judge does not see a situation contrary to equity or Turkish family structure. If the decision is not appealed within the 2-week appeal period after the notification of the reasoned decision, divorce takes place.

For uncontested divorce proceedings, it is required that the marriage lasts at least one year. In other words, if the marriage lasts less than 1 year, it is necessary to wait for the deadline to be passed or to open up a contested divorce case.

Yazar : Gulel Hukuk

Leave a message to us

You're in the right place! Just leave us a message. How can we help you?

Validation error occurred. Please enter the fields and send them back.
Thank you ! Your email has arrived.