Divorce case is an uncontested or contested family court case filed to terminate the marriage union by judicial decision. Turkish Civil Code (TMK) No. 4721 Articles 161-184 regulate the reasons and process for divorce. In practice, cases are grouped into two main groups: consensual divorce (TMK art.166/3) and contested divorce (TMK art.161-166/2).
Consensual Divorce (TMK article 166/3)
Spouses can end their marriage through consensual divorce if they meet all of the following conditions:
When these conditions are met, the case is usually concluded in a single hearing. The consensual divorce protocol should include:
- Which spouse will be given custody
- Personal relationship with the child (meeting days, holidays, holidays)
- Participation alimony amount and payment method
- Whether or not to request alimony
- Claims for material and moral compensation
- Regulation on the liquidation of the property regime
- Wedding jewellery, dowry, sharing of common household items
- Use of surname (TMK article 173)
The judge may change the custody or child support provisions that he finds contrary to the best interests of the child; The parties must approve this.
Contested Divorce (TMK art.166/1-2)
If the spouses cannot agree on the divorce or cannot agree on the legal consequences of the divorce, a contested divorce case is filed. The most frequently used reason is "the foundation of the marital union being shaken" (TMK article 166/1). The spouse filing the lawsuit must prove that the fault is severe on the other party or at least that his own fault is equal to or less than that of the other party; Otherwise, the case may be rejected.
Special Reasons for Divorce (TMK art.161-165)
- Adultery (Art. 161) - absolute reason for divorce if proven
- Attempt against life, very bad or degrading behavior (article 162)
- Committing a crime and leading a dishonorable life (m.163)
- Abandonment (art.164) — for at least 6 months
- Mental illness (Art. 165) — of a nature that makes living together unbearable and with an official medical board report
Stages of the Case
Injunction Decisions (HMK article 389 et seq.)
Since the divorce process takes a long time, the court may issue temporary legal protection orders during the case:
- Precautionary alimony — TMK article 169
- Temporary custody of the child and personal relationship arrangement
- Annotation on family residence (TMK article 194)
- Restraining orders within the scope of Law No. 6284
Jurisdictional and Competent Court
- Court in charge: Family Court (Art. 4 of Law No. 4787); Civil Court of First Instance in places where there is no Family Court.
- Competent court (TMK art. 168): The court of the place of residence of one of the spouses or the place where they lived together for the last six months before the lawsuit.
Family Residence Annotation (TMK article 194)
One of the spouses may request that a "family residence annotation" be placed on the title deed of the immovable property designated as a family residence. With this annotation, the immovable property cannot be transferred or limited real rights cannot be established on it without the express consent of the non-owner spouse. Annotation prevents loss of rights during the divorce case.
Financial Consequences After Divorce
Material Compensation (TMK article 174/1)
The perfect or less at-fault party whose current or expected interests are damaged by the divorce may request appropriate financial compensation from the at-fault party.
Pecuniary Compensation (TMK article 174/2)
The party whose personal rights have been violated due to the events that led to the divorce may demand moral compensation from the party at fault.
Poverty Alimony (TMK article 175)
The party who will fall into poverty due to divorce may request indefinite alimony from the other party in proportion to his/her financial power, provided that the fault is not more severe.
Liquidation of the Property Regime
The legal property regime in post-2002 marriages is the regime of participation in acquired property (TCC Art. 218 et seq.). After the divorce decision is finalized, the other spouse will have a participation claim on half of the property acquired during the marriage. It is possible to file a separate lawsuit for liquidation.
Situation of Children
- Custody: The best interest of the child is essential (TMK article 182). The social investigation report and the opinion of the child of cognitive age are taken into account.
- Participation alimony: The parent who does not have custody participates in the child's care and education expenses in proportion to his financial ability (TMK article 182/2).
- Personal relationship: Meeting days with the child, holiday and holiday arrangements are determined by decision.
Surname (TMK article 173)
When the divorce decision becomes final, the woman returns to her maiden name. However, it is possible for the woman to continue to bear her ex-husband's surname upon her request and with the permission of the judge; For this, she must prove that "she has an interest in using her surname and that this will not harm the husband."
How Long Does It Take?
Consensual divorce cases are usually concluded within 1-3 months. Contested cases vary between 1-3 years depending on the province and file density; This period may be extended through appeal and appeal processes.
Divorce proceedings should be planned strategically due to the financial consequences, the future of the children and the liquidation of the property regime. Working with a lawyer specialized in family law both shortens the time and prevents loss of rights.