How to file a divorce case in Turkish law? The process of filing for divorce in Turkey is carried out by following certain steps. Here is a brief expression of this process:
- Determination of the Reasons for Divorce: Before starting the divorce case, the reasons for the divorce must be clearly determined. These reasons determine whether the case will be consensual or contested. While there is agreement between the spouses for a consensual divorce, there are disagreements in a contested divorce. General reasons for divorce are not clearly stated in the law, but are based on the disruption of the marital union (TMK. 166/1,2). Specific reasons for divorce are clearly stated in the law. As specific grounds for divorce, there are regulations in the law such as adultery, attempt on life, very bad or dishonorable behavior, committing a crime and leading a dishonorable life, abandonment, mental health and the reasons for not being able to establish a common life after the rejection of the divorce case. In consensual divorce, it must occur because the marriage union that has lasted at least one year has been shaken to its core, and both spouses must accept the divorce.
- Preparation of the Divorce Petition: A divorce petition is prepared in accordance with the reasons for the divorce. In case of consensual divorce, a protocol containing the conditions agreed upon by the parties is also added to the petition.
- Application to the Court: The divorce petition is submitted to the family court where the divorce case will be heard. In places where there is no family court, civil courts of first instance are authorized. The competent court is the court where one of the spouses resides or the court where the spouses resided together for the last six months before the lawsuit.
- Payment of Court Fees: While filing a lawsuit, the necessary court fees must be paid. Fees are required for the case to become official.
- Follow-up of the Case Process: The court prepares a memorandum of consent to manage the case process and sends it to the parties. In the memorandum of action, the parties are informed of the response times to the petitions, the dates of presentation of evidence, the payment of advances on expenses and evidence, and the date and time of the preliminary examination hearing.
- Preliminary Examination Hearing: The court holds the preliminary examination hearing as the first stage of the case. At this hearing, the initial objections are decided and the ban on expanding the defense begins, which means that issues not presented in the lawsuit and the response petitions can no longer be put forward.
- Investigation phase: Evidence and witness statements regarding the merits of the case are collected. In addition, in consensual divorce, the parties are required to appear before the judge. They declare that they have the will to divorce and that they approve the protocol. In a contested divorce, there is no such obligation.
- Decision Hearing: After the investigation phase, the court holds the decision hearing and announces its decision regarding the divorce and its accessories.
- Appeal Processes: There are appeal processes, which are ways to appeal against the decision. The parties can appeal the decision to the higher court within 2 weeks (14 days).
How can a divorce case be filed via E-Devlet?
Filing a divorce case is possible through the E-Devlet UYAP citizen portal. First, the Ministry of Justice’s UYAP editor in UDF format is downloaded. Then, you can log in to UYAP Citizen Portal with your E-Devlet password. The divorce petition is submitted and signed with e-signature. Fees can also be paid from Vakıfbank account.
Can a divorce case be filed without a lawyer?
Filing for divorce can be a complex and emotional process. Therefore, it is important to get help from a lawyer to ensure that the process proceeds legally and effectively. Your attorney will guide you through every step of the process and help protect your rights.
Who should file for divorce?
Each spouse can file a lawsuit, but the fully at fault spouse cannot file a lawsuit. If the other spouse is also at fault, either of them can file a lawsuit. There is no such thing as the necessity of the party not filing the lawsuit being more at fault.
Are the parties obliged to participate in the divorce case?
In a consensual divorce, the parties are required to appear before the judge. They declare that they have the will to divorce and that they approve the protocol. In a contested divorce, there is no such obligation.
How long does it take to file for divorce?
As a rule, there is no time limit for filing a divorce case, but the period varies depending on the reason for the divorce. For example; It is necessary to file a lawsuit within 6 months after learning of adultery. In consensual divorce, a lawsuit is filed after the marriage has lasted at least one year.
How much does it cost to file for divorce?
The total of divorce case fees in 2024 is approximately 2,132 TL. Fees apply to divorce, compensation, alimony and custody claims. In addition, additional costs such as witness fees and notification expenses may vary depending on the number of witnesses or the number of notifications to be sent, as well as additional costs such as expert fees.
