Divorce case is a family law case filed to end the marriage union by court decision. In Turkish law, divorce does not only occur with the actual separation of the parties; A court decision is required to end the marriage. For this reason, even if the spouses start living separately, the marriage continues in the civil registry.
A divorce case can be filed as a consensual divorce or a contested divorce. Which path to follow depends on whether the spouses agree on the divorce and its consequences.
The Court Jurisdiction in Divorce Proceedings
The court in charge of divorce cases is the family court. In places where there is no family court, the civil court of first instance may hear the case as a family court.
In terms of jurisdiction, the court of residence of one of the spouses or the court where the spouses lived together for the last six months before the lawsuit is on the agenda. The issue of jurisdiction becomes especially important when the parties live in different cities.
What is Consensual Divorce?
Consensual divorce is when the spouses apply to the court by agreeing on the divorce, the financial consequences of the divorce, and the situation of the children. For consensual divorce, the marriage must have lasted at least one year.
Spouses can prepare protocols on issues related to divorce, alimony, compensation, custody, personal relationship with the child and assets. However, the existence of the protocol alone is not sufficient. If the judge listens to the parties personally and is satisfied that their will is freely expressed, he may decide on a consensual divorce.
What is a Contested Divorce?
A contested divorce is a case in which the parties cannot agree on the divorce or its consequences. One of the spouses may not want a divorce, may object to the reason for the divorce, or a dispute may arise on issues such as alimony, custody, compensation, property regime.
In these cases, the court evaluates the alleged reason for divorce and the fault of the parties based on the evidence. Witness statements, message records, bank records, social media contents, law enforcement records, medical reports and other evidence can be submitted to the file depending on the characteristics of the concrete incident. It is also important that the evidence is obtained in accordance with the law.
What are the Reasons for Divorce?
Specific and general grounds for divorce are regulated in the Turkish Civil Code. Adultery, attempt on life, bad or degrading behavior, committing a crime and living a dishonorable life, abandonment and mental illness are among the special grounds for divorce. Shattering the foundations of the marriage union is the most common reason for divorce.
The proof conditions and legal consequences of each reason for divorce are different. For this reason, when filing a divorce case, it must be determined correctly under which legal basis the events will be claimed.
How to File a Divorce Case?
The divorce case is opened by submitting the petition to the competent court. It is also possible to file an electronic lawsuit via UYAP. UYAP Lawyer Portal allows lawyers to file lawsuits and manage proceedings with electronic signature or mobile signature.
The petition must include party information, marriage date, children, events, legal basiss, demands and evidence. In addition to the divorce request, issues such as custody, child support, poverty alimony, precautionary alimony, material and moral compensation, jewelry receivable, property regime and personal relationship should also be evaluated.
How are Custody, Alimony and Compensation Evaluated?
If there is a joint child, the issue of custody is evaluated based on the best interests of the child. The child's age, educational status, care system, relationship with parents and social environment are important. The agreement of the parties regarding custody is not binding on the judge; The judge decides according to the best interests of the child.
In terms of alimony, precautionary alimony, participation alimony and poverty alimony should be distinguished from each other. Claims for material and moral compensation are examined within the framework of fault, damage, attack on personal rights and the consequences of divorce.
Is Property Regime Resolved in Divorce Case?
Although the property regime is related to the divorce case, in most cases it is the subject of a separate lawsuit. Issues such as property acquired by spouses during marriage, personal property, regime of participation in acquired property, contribution margin, value increase share and participation receivables require technical calculations.
For this reason, when filing a divorce case, the statute of limitations of property rights, evidence status and litigation strategy should be evaluated separately.
Things to Consider in Divorce Case
One of the most common mistakes is to describe events in general terms without associating them with legal basiss. The second mistake is not presenting the evidence in a timely and proper manner. The third mistake is to confuse alimony, compensation, custody and property regime demands.
Although the divorce case has a strong personal aspect, it is a technical trial process in terms of procedural law. For this reason, it is important to systematically prepare the chronology of events, evidence and requests before filing a lawsuit.
Frequently Asked Questions
In which court is the divorce case filed?
The court in charge of divorce cases is the family court. In places where there is no family court, the civil court of first instance may hear the case as a family court.
How long does the marriage need to last for a consensual divorce?
For consensual divorce, the marriage must have lasted at least one year. It is not enough for the parties to prepare a protocol alone; The judge listens to the parties personally and evaluates that their will is freely expressed.
How is custody evaluated in a divorce case?
The main criterion in custody is the best interest of the child. The child's age, care system, educational status, social environment and relationship with the parents are examined together with the circumstances of the individual case.