Contested divorce case is a lawsuit filed in accordance with Turkish Civil Code (TMK) Article 166/1 in cases where the spouses cannot agree on the divorce will or the consequences of the divorce (alimony, custody, compensation, property sharing).
Legal Basis: TMK art.166/1-2
"If the marital union is shaken to such an extent that it is not expected of them to continue their common life, either spouse may file for divorce."
The plaintiff is obliged to prove that the foundation of the marital union has been shaken and that this situation has made the joint life unbearable. Fault sharing is also decisive in terms of the consequences of divorce (especially pecuniary and moral compensation).
Proof and Evidence in the Case
- Witness statements (relative, neighbor, colleague)
- WhatsApp / SMS / e-mail correspondence (quality of evidence is disputed)
- Bank and spending records
- Social media posts
- Hospital / medical reports (psychological violence, physical intervention)
- Police reports, prosecutor's statements
Temporary Measures (TMK article 169)
The judge automatically takes mandatory interim measures during the course of the case:
- Separation of spouses
- Precautionary alimony (for spouse and joint children)
- With whom the children will stay
- Family residence annotation
Supreme Court HGK Approach
The General Assembly of the Supreme Court of Appeals has consistently adopted the view that even if one of the spouses is completely at fault and the other is completely at fault, a divorce can be decided when it is determined that the foundation of the marriage union has been shaken. However, the spouse who is less at fault can have the case rejected by objecting to the lawsuit filed by the spouse who is more at fault (TCC Art. 166/2).
Again, the HGK stated that if serious and degrading acts (e.g. physical violence, constant insult, violation of loyalty) are proven, the other spouse will be deemed to be at fault or less at fault.
Custody and Personal Relationship with the Child
When making a custody decision, the judge bases on the principle of best interest of the child. Obtaining the opinions of children over the age of 8 is mandatory in accordance with Article 12 of the Convention on the Rights of the Child and the jurisprudence of the Constitutional Court.
Compensation and Alimony
- Pecuniary compensation (TMK article 174/1): Damage to existing or expected interests due to the events that caused the divorce.
- Pecuniary damage (TMK article 174/2): Attack on personal rights.
- Poverty alimony (TMK art. 175): To the party who will fall into poverty due to divorce, in proportion to his financial ability, provided that his fault is not more severe.
Jurisdictional and Competent Court
- Officer: Family Court
- Authority (TMK article 168):The court of the place of residence of one of the spouses or the place where they lived together for the last 6 months before the case
Contested divorce cases should be evaluated according to the unique circumstances of each case. It is recommended that you consult with a lawyer to manage the process correctly.