Delil Law Firm
Table of Contents:
What is a Divorce Case?
The divorce case is one of the reasons for the termination of the institution of marriage, which finds its source in Turkish Constitution and Turkish Civil Code. Marriage ends with the death of one of the spouses, the declaration absence, presumption of death or gender reassignment, the decision to nullify or annul the marriage, and divorce.
As can be seen, divorce is one of the reasons for the dissolution of the marriage union. Spouses may agree to divorce by deciding together on the matter of divorce and its associates, or they may also be divorced in a contested manner if an agreement cannot be reached on the part of the divorce and it's side aspects such as custody, alimony and compensation and/or property division.
How to Prepare For a Divorce Case in Turkey?
Those who want to file a divorce case should first consult with a divorce lawyer and draw up a strategic roadmap. Because, for example, if the divorce will have to be resolved through a contested divorce case rather than through an uncontested divorce case, it may be necessary to act cautiously and to collect evidence before even meeting with the other spouse for an uncontested divorce. For those who want to file a divorce case, it is highly recommended to follow the order below, even if there is no strict set of rules other than the legal procedural rules in law or practice.
a) Contact a Divorce Lawyer in Turkey and Get Legal Advice on the Process
Persons who want to file a divorce case should first consult with a lawyer who has experience and knowledge of divorce cases, and they should implement the strategy regarding the process according to the information they will receive in the legal consultation they will receive from their lawyers.
As Delil law firm, we try to provide the best divorce lawyer services in English to our foreign clients in need. However, for us to be succesful in the divorce cases, attorney-client confidentiality and cooperation of the client regarding the divorce case process are of great importance.
b) Gathering Evidence For Divorce Case
People who want to divorce should consider the possibility of unsuccessful uncontested divorce attempts and prepare for a possible contested divorce case. As we have mentioned above, one should act cautiously and start preparing ones evidence. At this stage, extreme care and attention should be paid, and one should not be engaged in any unlawful or criminal behavior.
For example, there are various decisions of the civil and criminal chambers of the Supreme Court in Turkey(Yargıtay) regarding confidential and unauthorized audio and video recordings between spouses. Obtaining such records illegally may sometimes result in them not being considered as evidence in the divorce case, and sometimes it can lead to very serious consequences such as being considered as requiring criminal responsibility. For example, the presence of personal data such as audio and video belonging to third parties in the received recording may lead to crimes such as the crime of violating the confidentiality of communication, the crime of unlawful seizure and storage of personal data, and the crime of violating the privacy of private life. For detailed information on this issue, you can contact us via
Our mobile for calling or sending messages with WhatsApp: +905322377280
Or via our e-mail address at: bilgi@delilavukatlik.com
In addition to these, a wide variety of evidence can be used in divorce cases: witness statements, social media correspondence and content and/or messaging screenshots, civil registry reports for population etc., insurance and similar institution and organization records, hotel records, bank records, telephone HTS (historical traffic search) records, law enforcement reports, health reports, etc. In addition, in order to obtain evidence, it can be requested from the court that hears the divorce case to ask various issues and to bring the documents into the file content by writing a warrant to the relevant persons and institutions. Therefore, in order to avoid loss of rights, it is recommended that the process be carried out by a divorce lawyer who is an expert in the field.
c) Deciding Which of the Grounds for the Divorce Case to be Used
First of all, the parties need to decide on which of the two methods of uncontested divorce or contested divorce they will prefer. If there is a healthy communication channel between the parties, we strongly recommend the uncontested divorce cases, which are less costly and psychologically less frustrating options. Thus, litigation costs, attorney's fees and similar judicial expenses will be much less, and the duration of the case will be 2-3 months instead of 2-5 years on average (including higher courts and property division cases), depending on the situation.
If an agreement cannot be reached between the parties, a contested divorce case can be filed with the help of a divorce lawyer. It is for this reason that the evidences should be prepared in the first place. Thus, if an agreement cannot be reached between the parties, the statements to be put forward in the contested divorce case will be more comprehensively proven before the court.
How to File a Divorce Case in Turkey?
Couples who want to file an uncontested divorce case and have been married for more than 1 (one) year, can file the divorce case after submitting the contractual divorce protocol, which they will sign between them, to the court in the annex of the divorce petition, handling the procedures related to the distribution office and paying the necessary fees and expenses.
In order for a contested divorce case to be opened, one of the parties submits the petition prepared for the contested divorce case to the authorized and competent court and pays the necessary fees and expenses.
However, the contested divorce case is subject to very strict procedural rules starting from the stage of the exchange of petitions and it is recommended to seek help from a professional divorce lawyer in Turkey in order to prevent possible loss of rights.
The divorce lawyer will perform all these procedures for you, you will only need to attend 1 hearing if possible. For detailed information on the preparation of an uncontested divorce protocol or for a contested divorce case, contact us to get professional legal assistance.
What Should Be Considered When Filing for Divorce in Turkey?
When filing a divorce case, information on the trial procedure must be obtained and the notification process must be followed very carefully. The deadlines should be relied upon and it should be conscious that irrevocable loss of rights will be incurred if the deadlines are exceeded. In this sense, thoughts like "What if we missed the time, isn't justice on the side of the right one after all?" are completely against the legal technique and that say, "The procedure is pre-eminent." or "Usul, esasa mukaddemdir." in Turkish
In particular, the petition for evidence should be included in the file within its time limit and should be used strategically, just like a chess player executing chess pieces, taking into account the status of the file and the evidential nature of the evidence at hand. In particular, a different attitude should be followed in all cases where the other party has no knowledge of the evidence, doubts whether the evidence is available or not, cannot be sure exactly what evidence is available even if he/she knows that he/she has some evidence, or is in the delusion that there is no evidence at hand. Because, at the stage of petitions, the party who does not know the trump card of the other party in terms of evidence will generally give their statements in this kind of anxiety and will refrain from presenting some of the statements that they can present, while they may present some statements that they should not present with the mistake of creating a more favorable situation for themselves.
Therefore, it should be avoided to act hastily, especially regarding the use of evidence, and no contradictory statements should be made during the exchange of petitions. The best divorce lawyer should be the one who manages the data in a tactical manner, almost as an argument engineer.
Who Should Be the First to File a Divorce Case?
It doesn't matter whether you file a divorce case first or last. Because, even if the divorce case is filed in advance and notified to the other spouse later, the other spouse has the right to file a counterclaim within the response period. In fact, in accordance with the relevant articles of Turkish Code of Civil Procedure, the other spouse can file a counterclaim even after the response time has passed.
What matters in terms of divorce cases is not who filed the case first, but which party put forward their statements better and which of the asserted statements were proven and in what way.
Is It Mandatory To Execute The Divorce Case With The Help Of A Lawyer in Turkey?
Turkey is a relatively liberal country. Just as you can cut your hair yourself and keep your own accounting record, you can also conduct your own divorce proceedings. Getting help from an expert divorce lawyer in divorce cases is not a necessity, it is a luxury that not everyone can have.
In fact, in Turkey, it is not obligatory for the parties to represent themselves with a lawyer in almost any case, not just divorce, except for some criminal law matters. The main reason why people hire a divorce lawyer is that lawyers know the law and rules of practice and precedent decisions given by the courts before, and ensure that their clients' legal affairs and transactions are carried out in the most successful way possible. Considering that matters such as alimony, custody of the children, child support, compensation for divorce, wedding jewelry, and property sharing affect hundreds of thousands of liras, and sometimes even millions of liras of assets, in the long run, it is the right choice to agree with a lawyer and to carry out the process with the professional help of a divorce attorney.
Side Issues of Divorce
Side issues of the divorce case are: Alimony, Compensation and Custody issues. Demands for these rights can be put forward together with the divorce case, or they can be brought forward within 1 year from the finalization of the divorce case. Since custody and alimony are matters that concern the best interests of the child and are related to public order, they can be claimed at any time, as in alimony and compensation, there is no 1-year deprivation period.
Which Court is Authorized and Competent to Hear Divorce Cases in Turkey?
The court in charge of divorce is the family court. Where there is no family court, the civil court of first instance may hear the case as a family court.
The court of jurisdiction may vary between contested and uncontested divorce cases.
The court of jurisdiction for contested divorce cases is the court which is located in the place of residence of one of the spouses or the court of the place where they have lived together for the last six months before the lawsuit.
Uncontested divorce cases, on the other hand, can be filed in anywhere the both parties agree on.
