How to File a Divorce Case in Turkey?

Couples who want to file an uncontested divorce case and have been married for more than 1 (one) year, can file the divorce case after submitting the contractual divorce protocol, which they will sign between them, to the court in the annex of the divorce petition, handling the procedures related to the distribution office and paying the necessary fees and expenses.

In order for a contested divorce case to be opened, one of the parties submits the petition prepared for the contested divorce case to the authorized and competent court and pays the necessary fees and expenses.

However, the contested divorce case is subject to very strict procedural rules starting from the stage of the exchange of petitions and it is recommended to seek help from a professional divorce lawyer in Turkey in order to prevent possible loss of rights.

The divorce lawyer will perform all these procedures for you, you will only need to attend 1 hearing if possible. For detailed information on the preparation of an uncontested divorce protocol or for a contested divorce case, contact us to get professional legal assistance.

What Should Be Considered When Filing for Divorce in Turkey?

When filing a divorce case, information on the trial procedure must be obtained and the notification process must be followed very carefully. The deadlines should be relied upon and it should be conscious that irrevocable loss of rights will be incurred if the deadlines are exceeded. In this sense, thoughts like "What if we missed the time, isn't justice on the side of the right one after all?" are completely against the legal technique and that say, "The procedure is pre-eminent." or "Usul, esasa mukaddemdir." in Turkish

In particular, the petition for evidence should be included in the file within its time limit and should be used strategically, just like a chess player executing chess pieces, taking into account the status of the file and the evidential nature of the evidence at hand. In particular, a different attitude should be followed in all cases where the other party has no knowledge of the evidence, doubts whether the evidence is available or not, cannot be sure exactly what evidence is available even if he/she knows that he/she has some evidence, or is in the delusion that there is no evidence at hand. Because, at the stage of petitions, the party who does not know the trump card of the other party in terms of evidence will generally give their statements in this kind of anxiety and will refrain from presenting some of the statements that they can present, while they may present some statements that they should not present with the mistake of creating a more favorable situation for themselves.

Therefore, it should be avoided to act hastily, especially regarding the use of evidence, and no contradictory statements should be made during the exchange of petitions. The best divorce lawyer should be the one who manages the data in a tactical manner, almost as an argument engineer.

Who Should Be the First to File a Divorce Case?

It doesn't matter whether you file a divorce case first or last. Because, even if the divorce case is filed in advance and notified to the other spouse later, the other spouse has the right to file a counterclaim within the response period. In fact, in accordance with the relevant articles of Turkish Code of Civil Procedure, the other spouse can file a counterclaim even after the response time has passed.

What matters in terms of divorce cases is not who filed the case first, but which party put forward their statements better and which of the asserted statements were proven and in what way.

Side Issues of Divorce

Side issues of the divorce case are: Alimony, Compensation and Custody issues. Demands for these rights can be put forward together with the divorce case, or they can be brought forward within 1 year from the finalization of the divorce case. Since custody and alimony are matters that concern the best interests of the child and are related to public order, they can be claimed at any time, as in alimony and compensation, there is no 1-year deprivation period.

Which Court is Authorized and Competent to Hear Divorce Cases in Turkey?

The court in charge of divorce is the family court. Where there is no family court, the civil court of first instance may hear the case as a family court.

The court of jurisdiction may vary between contested and uncontested divorce cases.

The court of jurisdiction for contested divorce cases is the court which is located in the place of residence of one of the spouses or the court of the place where they have lived together for the last six months before the lawsuit.

Uncontested divorce cases, on the other hand, can be filed in anywhere the both parties agree on.