Divorce Proceedings Process and Things to Consider

1. Introduction

Divorce proceedings are not only a legal process but also a significant stage that directly affects the psychological and financial well-being of the parties involved. The Turkish Civil Code (TMK) regulates the grounds for divorce, the procedure for filing a lawsuit, and its consequences in detail. This article will outline, step-by-step, how to initiate divorce proceedings, the stages involved in the process, and what to pay attention to

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2. Grounds for Divorce (Turkish Civil Code Articles 161-166)

In Turkish law, grounds for divorce are regulated in two main groups:

2.1. Specific Grounds for Divorce

• Adultery (Turkish Civil Code Article 161)

• Attempted murder, severe ill-treatment or humiliating behavior (Turkish Civil Code Article 162)

• Committing crimes and leading a dishonorable life (Turkish Penal Code Article 163)

• Abandonment (Turkish Civil Code Article 164)

• Mental illness (Turkish Civil Code Article 165)

2.2. General Grounds for Divorce

• The fundamental breakdown of the marital union (Turkish Civil Code, Article 166)

  • The trust, love, respect, and coexistence between the parties become unsustainable.

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3. Types of Divorce Cases

• Mutual Divorce

  • The marriage must have lasted at least one year.

  • The parties must agree on the divorce and its consequences (alimony, child custody, property division).

  • It can be concluded in a single hearing.

• Contested Divorce

  • It is filed if the parties cannot agree on the divorce and its consequences.

  • Evidence, witnesses, expert opinions, and a lengthy trial process are required.

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4. Divorce Proceedings – Step by Step

4.1. Preparing the Lawsuit Petition

• The reason for the divorce must be clearly stated.

• Supporting evidence (witnesses, messages, photographs, reports, etc.) should be included.

• The case is filed in the Family Court

4.2. Notification and Response Petition

• The lawsuit petition is served on the opposing party.

• The opposing party submit its response within two weeks (Code of Civil Procedure, Article 127).

4.3. Preliminary Examination and Investigation

• The court identifies the points of dispute.

• Witnesses are heard, and evidence is examined.

• A social investigation report is obtained if necessary.

4.4. Oral Hearing and Decision

• The judge will make a decision after receiving the final statements.

• A marriage cannot take place before a divorce decree becomes final.

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5. Things to Consider in Divorce Proceedings

1. Evidence Preparation

   • Message records, photos, and witness statements must be complete.

2. Rights to Material and Moral Compensation

   • The spouse who is blameless or only slightly at fault may claim compensation.

3. Alimony and Child Custody Issues

   • The best interests of the child must be considered.

4. Dissolution of Marital Property Regime

   • The matrimonial property regime ends with divorce (Turkish Civil Code, Article 225).

5. Proof of Fault

   • The Supreme Court considers the degree of fault in divorce cases to be decisive in determining the outcome.

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6. Examples from Supreme Court Decisions

• The 2nd Civil Chamber of the Supreme Court of Appeals, Case No. 2021/3456 E., Decision No. 2021/7890 K., stated: "In a case filed due to the fundamental breakdown of the marriage, a divorce may be granted if both parties are equally at fault."

• Supreme Court of Appeals, 2nd Civil Chamber, Case No. 2020/4321 E., Decision No. 2020/8765 K.: “In divorce cases, for a claim for monetary compensation, the plaintiff must be less at fault than the other spouse.”

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7. Conclusion

Divorce cases are sensitive processes, both legally and personally. To avoid losing your rights, with a lawyer specializing in family law , to present evidence correctly, and to clearly state your demands.