How Long Does a Divorce Case Take?
There is no single number to answer the question of how long a divorce case takes; The duration varies from once a month to once a year, depending on whether the case is consensual or contested. The general framework is as follows:
It takes consensual divorce takes approximately one to three months, contested divorce takes approximately one and a half to three years. When appeal and appeal stages are added, contested cases can exceed four years.
The reason for this difference is the procedural rules. In a consensual divorce, the court’s job consists of checking the will of the parties and approving the protocol; In a contested divorce, each of the stages such as petition exchange, preliminary examination, witness hearing and expert examination requires a separate hearing and notification process. Below, we explain the items that make up the duration of both paths one by one.
Consensual Divorce Period
Consensual divorce is a special procedure regulated in the third paragraph of Article 166 of the Turkish Civil Code. When the conditions are met, the case is usually in one hearing results.
Three conditions that determine the duration
- The marriage must have lasted at least one year: If this condition is not met, the consensual procedure cannot be applied and the file automatically enters the contentious process. The time difference here increases from months to years.
- Spouses applying together or one of them accepting the other’s case.
- The judge hearing the parties personally: The judge must be satisfied that the wills are freely expressed and find the regulation regarding the financial consequences of the divorce and the situation of the children appropriate.
Realistic calendar
- File opening and hearing date:3–8 weeks. This period depends entirely on the workload of the courthouse; It is longer in big cities.
- Hearing: It usually takes 10–20 minutes, the decision is made on the same day.
- Writing the reasoned decision:1–4 weeks.
- Finalization: If the parties waive their right to appeal at the hearing, there is no need to notify the reasoned decision and the finalization occurs within days. If it is not waived, the two-week appeal period is expected to pass.
- Civil registration:1–2 weeks after finalization.
Overall realistic expectation, from opening the file to updating the civil registry 1–3 months. Almost the only reason why a consensual divorce takes longer is the deficiencies in the protocol: if the judge deems a change in the protocol necessary, he gives a new hearing date and the process is extended for another month or two.
Duration of Contested Divorce
In a contested divorce, the duration is the sum of the stages. No stage can be skipped; The Code of Civil Procedure has made this order mandatory.
1. Petitions phase: 2–4 months
The lawsuit petition is notified to the defendant. Response time is two weeks from the notification; Depending on the circumstances, an additional period of at most one month may be granted once. This is followed by the reply to the reply and the second reply petitions. If the defendant cannot be notified or his address cannot be found, this stage alone may exceed six months; For notification abroad, the period may approach one year.
2. Preliminary review: 2–5 months
After the petition exchange is completed, the court conducts a preliminary examination; It examines the terms of the case and initial objections, determines the issues of dispute, and identifies the evidence. According to Article 140 of the Code of Civil Procedure preliminary examination is completed in a single hearing; In cases of necessity, a new hearing date may be given only once. Additionally, the investigation cannot begin until the preliminary examination is completed and a hearing date cannot be given for the investigation.
This rule is the most insidious source of prolongation of time. The 2nd Civil Chamber of the Supreme Court of Appeals considered the proceeding to the investigation hearing before the preliminary examination hearing and the procedures to be carried out there were completed as a reason for reversal. Likewise, when the preliminary examination is completed and the investigation begins, the defendant must be duly invited to the investigation hearing; If this is not done, the decision will be overturned and the case will return to the beginning years later.
3. Investigation: 8–20 months
It is the longest part of the period. The interval between hearings is generally 2–4 months in practice. At this stage:
- Witnesses are heard. The invitation of each witness means a separate notification process; A new hearing date is given for the witness who does not appear.
- A warrant is written for bank, SSI, land registry and traffic records; It takes 1–3 months to receive a response.
- If there is a custody dispute, a pedagogue/social review report is obtained (2–4 months).
- Economic and social situation research is carried out for alimony and compensation.
- If there is a criminal case or suspension file, the relevant file is expected to be brought.
4. Oral trial and decision: 1–2 months
When the investigation is completed, the parties are asked for their final words and a verdict is made. It may take 1-3 months for a reasoned decision to be written.
5. Appeal: 12–24 months
An appeal can be made to the regional court of justice within two weeks from the notification of the decision. The duration of the appeal review varies by department; On average, one or two years. If the regional court of justice revokes the decision and returns the file, the trial is heard again in the first instance court.
6. Appeal: 12–24 months
Decisions on the merits of divorce are, as a rule, open to appeal. The appeal phase takes an average of one to two years. If the Supreme Court decides to reverse, the file returns to the first instance court.
Factors That Prolong the Duration
- Notification problems: The most common reason for delay is not finding the address, change of address or the defendant being abroad.
- Excessive number of witnesses: The presentation of many witnesses by both sides directly prolongs the investigation.
- Custody dispute: Social examination, expert opinion and listening to the child mean additional months.
- Complexity of economic demands: High amount compensation claims require an extensive asset search.
- Pending issue: If the outcome of the criminal case regarding the same incident is awaited, the file may remain for years.
- Filing a counterclaim: The defendant’s filing of a counterclaim effectively restarts the petitions phase.
- Disruption due to procedural error: Deficiencies in preliminary examination or investigation invitations return the file to the beginning.
Ways to Shorten Time
- Consider consensual divorce: This is the only real step that reduces the time from years to months. If the conditions are met, a consensual divorce can be used at any stage of the contested case.
- Submit the evidence with the petition: Evidence must be presented in petitions; As a rule, evidence presented later is not taken into account and the decision is delayed in the preliminary examination.
- Refine the witness list: Instead of five witnesses, the two witnesses with the strongest narratives would shorten the file by months.
- Declare the correct address from the beginning: The defendant’s current address and workplace address, if any, must be included in the petition.
- Pay the expense advance in full: Insufficient advance payment will result in the memorandum and notifications being kept on hold.
- Select the competent court correctly: If a decision of lack of jurisdiction is given, the file will go to another court and months will be lost. The competent court is the court where one of the spouses resides or where they lived together for the last six months before the lawsuit.
- Waive any appeal at the hearing: In consensual divorce, waiver by the parties shortens the finalization process by weeks.
One year rule after dismissed case
It has been decided to reject the case filed for any of the reasons for divorce and as of the finalization of this decision one year has passed and if the joint life cannot be re-established for whatever reason, the marriage union is deemed to have been shaken from its foundations and a divorce is decided upon the request of one of the spouses. This is a way to significantly shorten the process in the second round for the spouse whose case has been rejected; In the second case, a divorce decision is given without discussing fault.
Frequently Asked Questions
Can a consensual divorce be completed in a single hearing?
As a rule, yes. If the protocol is complete, the parties attend the hearing in person and the judge finds the arrangement appropriate, the decision will be made on the same day. If the judge requests a change in the protocol, a new hearing date is given.
How long is the fastest time for a contested divorce?
If the notification is smooth, the number of witnesses is small and the requests are simple, a first instance decision can be taken in approximately one year. Periods below this are not realized in practice due to the obligation to complete the preliminary examination and investigation stages duly.
If my spouse does not attend the hearings, will the case be prolonged?
If proper notification has been made, the defendant’s failure to appear will not prolong the process; continues in the absence of trial. The problem is that notification cannot be made — then address search and notification by announcement takes months.
Can a lawyer definitively answer the question of how long a divorce case takes?
An exact date cannot be given because the duration depends on the workload of the courthouse, notification and the attitude of the opposing party. However, depending on the type of file, a realistic range can be given and factors that extend the time can be reduced from the beginning.
Will I get divorced immediately when the decision is made?
No. Marriage is your decision upon finalization ends. It is not possible to remarry until it is finalized and the civil registry will not be updated.
How long does the appeal and appeal process take?
An appeal takes an average of one to two years, and an appeal takes a similar amount of time. For this reason, it may take more than four years for a contentious case to be completely closed.
Can I receive alimony while the case is prolonged?
Yes. If precautionary alimony is requested in the petition, the judge may decide on alimony for the spouse and children during the trial. This is the most important tool to prevent victimization in long-running cases.
Result
The answer to the question of how long does a divorce case take depends on the path chosen: months for a consensual divorce, years for a contested divorce. The main factors that determine the duration are procedural management rather than the legal complexity of the case — smooth notification, presentation of evidence along with petitions, keeping the number of witnesses reasonable, and correct selection of the competent court. Failure to properly carry out the preliminary examination and investigation stages will result in the file being returned to the beginning with a decision to overturn it years later. Therefore, working with a family law lawyer from the very beginning of the process is decisive not only in protecting rights but also in terms of saving time.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Durations vary depending on the workload of the courthouses and do not constitute a commitment in any way. You should definitely consult a lawyer before taking any steps regarding your concrete situation.
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