How to File a Divorce Case?
The answer to the question of how to file a divorce case actually covers much more than a single petition. In Turkish law, marriage union ends only with a court decision; The parties’ agreement, living separately or applying to the civil registry office does not end the marriage. For this reason, the divorce process always begins with a lawsuit filed in the family court.
The process consists of preparing the petition, correctly determining the competent court, paying the advance fee and expense, and duly presenting the evidence. A mistake made in one of these steps may cause the case to be delayed for months or to be rejected due to procedural reasons. Below, we discuss the question of how to file a divorce case step by step, along with the required documents and deadlines.
Reasons for Divorce: Which Grounds Will You Use?
Before writing the petition, it should be determined which legal reason will be relied upon. Turkish Civil Code foresees two groups of reasons.
Specific grounds for divorce
- Adultery (Art. 161): The right to sue must be exercised within six months from learning and, in any case, within five years from the act. The one who forgives cannot file a lawsuit.
- Attempt against life, very bad or degrading behavior (Art. 162): Physical violence and severe humiliation are included in this scope. The duration is again six months / five years.
- Committing a crime and leading a dishonorable life (Art. 163): Committing a humiliating crime or dishonorable lifestyle; There is no limitation period for this reason.
- Abandonment (Art. 164): The spouse leaves the house in order not to continue living together and does not return for at least six months. In order to rely on this reason, it is necessary to send a warning through a judge or a notary and not to return within two months after the warning.
- Mental illness (art. 165): Joint life must become unbearable and it must be determined by the official health board report that there is no way the disease can be cured.
General reason for divorce: the foundation of the marriage union is shaken
In practice, the majority of cases are based on Article 166 of the Turkish Civil Code. According to this article, if the marital union is shaken to the extent that they are not expected to continue their common life, either spouse can file for divorce. Severe discord, trust-shattering behavior, avoidance of economic responsibilities, disrespect within the family and constant arguments are evaluated in this context.
There is an important balancing rule in the same article: if the plaintiff’s fault is more severe, the defendant has the right to object to the case. However, if this objection is an abuse of right and there is no longer any benefit worth protecting for the defendant and the children during the continuation of the marriage, the court may decide to divorce.
Consensual divorce
Consensual divorce is not a separate reason, but a special procedure regulated in the third paragraph of Article 166. It has three conditions:
- Marriage
It should have taken at least one year. - Spouses must apply together or one spouse must accept the other’s case.
- Judge by personally listening to the parties must be satisfied that their will has been freely expressed and find the regulation regarding the financial consequences of the divorce and the situation of the children appropriate.
The judge may make changes to the protocol considering the interests of the parties and the children; If these changes are accepted by the parties, a divorce is granted. If the one year requirement is not met, consensual divorce is not possible; The case is conducted on an adversarial basis.
Competent and Responsible Court
Court of jurisdiction is family court. In places where there is no family court, these cases are heard by the civil court of first instance as a family court.
The competent court is determined in Article 168 of the Turkish Civil Code:place of residence of one of the spouses or where they last lived together for six months before the case court. The plaintiff can freely choose between these two options.
The most discussed issue in practice is whether the spouse who moves to another city after separation can file a lawsuit in the court there. Based on the principle that the place of residence is the place where a person lives with the intention of staying permanently, the 2nd Civil Chamber of the Supreme Court of Appeals decided that the spouse who comes to the new city with the intention of staying permanently can file a lawsuit in his own place of residence, and in this case, the jurisdictional objection should be rejected. The residence certificate obtained from the civil registry office, the transfer of business registration or the rental agreement are evidence of this intention.
Required Documents
The documents required to file for divorce vary depending on the type of file. The basic list is as follows:
- Petition petition(one more copy than the number of defendants).
- Photocopy of identity card / identity card.
- Photocopy of marriage certificate(not mandatory; the court brings the civil registry ex officio).
- Power of Attorney— if followed by a lawyer, a power of attorney with a photograph specific to divorce cases is required.
- Protocol in consensual divorce: text signed by both spouses, containing alimony, compensation, property division, custody and personal relationship order.
- Evidence: witness list (with names, surnames and addresses), message and correspondence transcripts, bank records, medical reports, restraining order and police station reports, if any.
- Economic situation documents: If there is a claim for alimony and compensation, pay slip, SSI service record, title deed and vehicle records.
Things that must be included in the petition
The content of the petition is listed in Article 119 of the Code of Civil Procedure: the name of the court, the names, surnames and addresses of the parties, the TR ID number, if any, the information of the attorney, the subject of the case, clearly the result of the request, the facts relied on, legal reasons and evidence. The result of the request must be clear – in addition to the “decision for divorce”, requests for alimony, compensation, custody and personal relations must be written separately and with the amount specified.
Claims that can be made
- Precautionary alimony (Art. 169): Temporary alimony and housing arrangement for spouse and children during the trial. It must be requested along with the lawsuit petition.
- Poverty alimony (Art. 175): A decision may be made indefinitely in favor of the spouse who will fall into poverty due to divorce and whose fault is not more severe.
- Material and moral compensation (Art. 174): The spouse who is not at fault or less at fault may request it due to the damage to his current or expected interests and the attack on his personal rights.
- Custody and personal relationship (art. 182): It is regulated based on the best interests of the child.
- Liquidation of goods regime: This claim is the subject of a separate lawsuit; The divorce cannot be decided before it is finalized.
Steps to Filing a Lawsuit
1. Prepare the petition
Write the facts in chronological order, based on concrete events. Not general statements such as “My wife treated me badly” but concrete expressions such as “He called me at my workplace on March 15 and swore in front of the employees” can be proven.
2. Apply to the distribution office and pay the fee
The petition is given to the distribution office in the courthouse or submitted electronically via UYAP through a lawyer. The case will not be processed until the application fee, advance fee and expense advance are paid. The expense advance covers the costs of notification, witnesses and warrants; If it is insufficient, the court gives time for its completion.
3. Notification and response time
The petition is notified to the defendant. The defendant’s response period is from the notification for two weeks; Depending on the situation and conditions, an additional period of at most one month may be granted for once. Then, the plaintiff’s response and the defendant’s second response petition may be submitted.
4. Preliminary review
After the mutual submission of petitions is completed, the court conducts a preliminary examination. At this stage, the terms of the case and the first objections are examined, the disputed issues are determined, and the evidence is determined. Article 137 of the Code of Civil Procedure is clear:The investigation cannot begin and a hearing date cannot be given for the investigation until the preliminary examination is completed and the necessary decisions are taken.
5. Investigation and decision
Witnesses are heard, documents are examined, and if necessary, a pedagogue’s report is obtained. Then, an oral hearing is held and the verdict is given. In a consensual divorce, these stages can be completed in a single hearing.
6. Finalization and registration
If no objection is made within two weeks from the notification of the decision, it becomes final. If the parties waive their appeal at the hearing, finalization will be much faster. The final decision is notified to the civil registry office by the court and the record is updated.
Durations and Approximate Cost
Consensual divorce, if the protocol is complete, usually occurs in a single hearing, starting from the opening of the file.
Resulting in one to three months. Contested divorce depends on the workload of the courthouse, the number of witnesses and the notification process.
lasts between one and a half to three years; This period may be extended when appeal and appeal stages are added.
Cost items consist of fees, expense advances and attorney fees. Fee and advance amounts are updated every year; The attorney’s fee cannot be below the minimum wage tariff of the Turkish Bar Association. The party whose financial situation is not sufficient may request legal aid and request temporary exemption from fees and expenses.
Common Mistakes
- Not stating the demands in the petition: Alimony and compensation claims cannot be expanded freely after the preliminary examination report is signed. All requests must be written from scratch.
- Leaving the witness list for later: Evidence must be presented in petitions; Evidence presented later is, as a rule, disregarded.
- Missing the blackout period: In cases of adultery and very bad behavior, the six-month period is often spent without awareness.
- Illegal sending of cancellation notice: If the warning is not made through the judge or notary, the case based on abandonment will be rejected.
- Trying to file a lawsuit with general power of attorney: A special power of attorney with a photograph is required for divorce proceedings.
- Waiting for property sharing in the same file: Property regime liquidation is a separate case and cannot be decided before the divorce is finalized.
Frequently Asked Questions
Is the consent of the spouse required to file for divorce?
Not required in a contested divorce; A lawsuit can be filed unilaterally. Only in the consensual divorce procedure, the will of both spouses and the judge’s personal hearing are required.
Can I get a divorce if the marriage is less than one year?
Yes, but you cannot benefit from the negotiated procedure. Only a contested divorce case can be filed before the one-year period expires and the reason for the divorce must be proven.
I live abroad, can I file a lawsuit in Turkey?
Yes. The court of the place where one of the spouses resides in Turkey or where they have lived together for the last six months has jurisdiction. You can conduct the case through a lawyer without attending the hearings by having the power of attorney with a photograph issued at the Turkish consulate in your country.
Is it mandatory to apply for mediation before filing a lawsuit?
No. Divorce case is not among the disputes where mediation is a condition of litigation. However, the judge encourages reconciliation or mediation on issues that the parties can freely dispose of.
What are the documents required to file for divorce?
As a minimum, a petition, a photocopy of your identity card and, in case of follow-up with a lawyer, a power of attorney with a photograph are sufficient. If there is a request for alimony and compensation, income and asset documents must be attached, and in case of a consensual divorce, a signed protocol must be attached. The court automatically brings the population records.
Can I receive alimony while the case is ongoing?
Yes. If precautionary alimony is requested in the petition, the judge may decide on alimony for the spouse and children during the trial. This request can be made later, but requesting it from the beginning prevents loss of time.
When does the decision take effect?
With the decision becoming final. It is not possible to remarry before finalization; The population register is also updated after finalization.
Conclusion
The short answer to the question of how to file a divorce case is to submit a petition based on the correct reason to the competent family court. However, the success of the process is hidden in the details: which legal reason is relied on, observing the limitation periods, writing the requests completely from the beginning and presenting the evidence in the petitions directly affects the outcome. Deficiencies made at the petition stage cannot be compensated later, especially in matters that have permanent consequences such as alimony, compensation and custody. For this reason, working with a family law lawyer from the beginning of the case both shortens the time and prevents loss of rights.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Since each file has its own unique conditions, you should definitely consult a lawyer before taking any steps regarding your concrete situation. The evaluations in the article have been prepared based on the legislation and judicial decisions at the date of publication.
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