Legal Processes in Divorce Cases
Divorce cases are legal processes in which the parties have to apply to the court in order to legally finalize the marriage union. If the spouses cannot reach a compromise on issues such as divorce, compensation, custody or alimony, then a contested divorce case is filed. Contested divorce cases involve a longer and more complicated process compared to uncontested divorces. This process is in general terms and in order:
1. Determining the Reason for Divorce
Before filing a contested divorce case, the grounds for divorce must be based on the grounds specified in the Turkish Civil Code. Grounds for divorce are categorized under two main headings in our legislation:
- Special grounds for divorce: These reasons are adultery, attempt on life, malicious or degrading treatment, desertion, committing a crime and leading a life without dignity, mental illness. If these reasons are selected, when the conditions specified in the law occur, divorce is decided without examining any other aspect, and if the specified conditions are not met, the divorce case is rejected, for example, in divorce due to abandonment, the spouse who leaves the house should be warned by a notary or judge four months after the date of abandonment, and a divorce case should be filed after two months from the date of warning, if these formal conditions are met, divorce is decided, but for example, if the warning is not made by a notary or judge, it is decided to reject the case for this reason for divorce since the formal condition is not fulfilled.
- General ground for divorce: The marriage union is shaken from its foundations. In this reason for divorce, a specific and clear situation is not expected to occur, all reasons or events that can be considered to shake the marriage union from its foundation can be evaluated within this reason for divorce, this reason for divorce, which has developed with jurisprudence, can legally conclude the marriage union with this reason for divorce in all situations and events where one party or both parties cannot be expected to continue the marriage. For example, reasons such as one party insulting the other party, avoiding or failing to perform sexual intercourse, violence are considered within this scope.
In order to achieve the desired result in the case, the evidence should be carefully collected and selected while determining the reason for divorce, and all preparations should be meticulously made before the case.
2. Filing the Case
Contested divorce cases start with the filing of a divorce case with the Family Court in the place of residence of one of the parties or the place where the spouses have been living together for the last six months. In places where there is no Family Court, the Civil Court of First Instance hears these cases.
The plaintiff prepares a petition and submits it to the court. In this petition
- Material reasons for divorce, (events leading to divorce)
- Legal grounds for divorce, (the legal grounds for divorce mentioned above, e.g. adultery, shaking of the marriage union from its foundations)
- Claims for custody of children, if any,
- If requested, claims such as alimony and compensation should be specified in detail.
3. Reply Petition Process
The plaintiff’s statement of claim shall be notified to the defendant by the court through the postal officer or, if available, by e-notification. The defendant has the right to submit a reply petition to the court within two weeks from the date of service. In this petition, the defense is made against the plaintiff’s claims and the counterclaims, if any, are stated by filing a counterclaim.
If the defendant fails to file a reply within the time limit, it shall be deemed to have rejected the plaintiff’s claims and the proceedings shall be conducted within the scope of proof and rebuttal of the plaintiff’s claims.
4. Preliminary Examination Hearing
Following the completion of the petitions, the court calls the parties to the preliminary examination hearing. At this hearing, the claims of the parties and the subject matter of the dispute are determined. In line with this determination, evidence is collected and witnesses are heard.
5. Collection of Evidence and Investigation
One of the most important stages of contentious divorce cases is the collection of evidence. While evaluating the claims of the parties, the court checks whether the proof has been realized by looking at the evidence related to these claims, so it is very important to prove the claims. Evidence may include:
- Witness statements,
- Photos, messaging logs, emails,
- udio and video recordings (must be lawfully obtained),
- Various documents and records related to the alleged incident, digital documents, etc.
At the beginning of this process, the parties submit a list of evidence to the court for the collection and evaluation of the evidence proving their claims. If deemed necessary, the judge may seek the opinion of experts or specialists. There is no limitation on the evidence, except that it must be in accordance with the law and aimed at proving the allegations; all kinds of documents and information can be considered as evidence.
6. Decision and Appeal Process
The judge may accept or reject the divorce case as a result of the evaluation of the evidence. If the case is accepted, provisions regarding issues such as custody, alimony and compensation are also included in the text of the decision.
If one of the parties does not like the court’s decision, it may appeal the decision to the Court of Appeal within two weeks of the notification of the decision.
7. Finalization and Implementation of the Judgment
After the court decision is finalized, i.e. with the rejection of the appeal request by the court of appeal if it has been appealed, or with the expiry of the appeal period if the decision has not been appealed, the provisions regarding divorce and its accessories are applied. For example, the marital status of the parties stated as married is changed to single (this process is carried out by the civil registry office).
Duration and Difficulties of Contested Divorce Cases
Contested divorce cases may take 1-3 years in the courts of first instance, depending on the claims of the parties, the evidence collection process and the intensity of the court (for this reason, divorce cases take relatively long in metropolitan areas), and if the decision of the court of first instance is appealed, the finalization of the decision, i.e. the decision of the court of appeal, may take 1-3 years depending on the intensity of the court of appeal.
For this reason, it is important for the parties to seek legal assistance in order to ensure a healthier progress and duration of the proceedings. With the guidance of a lawyer, it is very important to get professional help in steps such as preparing a petition, determining and proving the material and legal grounds for divorce and representation in the court process.
In conclusion, contested divorce cases are a complex, tiresome and time-consuming process for the parties. However, when the right legal steps are taken, the rights of the parties can be protected and a fair outcome can be achieved. Knowing the rights of the parties and acting with professional help will ensure that this process is less stressful and financially more efficient.
