How To File A Divorce Case? Duration And Fee

How To File A Divorce Case? Duration And Fee

HOW TO FILE A DIVORCE CASE?

In order to file a divorce case, one of the spouses must prepare a petition for divorce. The party who wants to file an uncontested divorce or contentious divorce case must file a lawsuit at the Family Court. One of the parties who want to divorce can file a divorce case by attaching two copies of the petition, the documents he/she wants to add, if any, and a photocopy of the identity card. If an uncontested divorce case is to be filed, an uncontested divorce protocol should be prepared together with the petition. After preparing the documents, the spouse who will open the divorce case can carry out the filing of the lawsuit by applying to the dispatch office at the courthouse and paying the lawsuit fee. If we list the necessary documents;

2 copies of the petition,
Documents to be attached, if any,
Photocopy of identity card,
If an uncontested divorce case is to be filed, an uncontested divorce protocol will be required.
The lawsuit can be filed after the documents are submitted and the lawsuit fee is paid.

WHAT ARE THE REASONS FOR DIVORCE?

The reasons for divorce are regulated in the Turkish Civil Code and are divided into two as general and special reasons.

WHAT ARE GENERAL GROUNDS FOR DIVORCE?

General grounds for divorce are regulated by name in the Turkish Civil Code, but what exactly is included in this concept is left to the discretion of the judge. Examples of general grounds for divorce are behaviours undermining trust, incompatibility, differences in the perspective of life, elimination of respect.

WHAT ARE THE SPECIAL GROUNDS FOR DIVORCE?

The special grounds for divorce are adultery, attempt on life, bad or degrading behaviour, committing a crime and leading a life without dignity, abandonment and mental illness.

CONTENTIOUS DIVORCE CASE BASED ON ADULTERY – ADULTERY (TMK ART.161)

Adultery means that one of the spouses has a relationship with another person in violation of the obligation of fidelity. It is the sexual intercourse of a married man or woman with a member of the opposite sex. If one of the spouses commits adultery, the other spouse can file for divorce. In order for adultery to be in question, sexual intercourse must be with the opposite sex. Having intercourse with persons of the same sex is not considered adultery. Although the sexual intercourse of one of the spouses with his/her own sex does not cause adultery, in this case, the other spouse may file for divorce on the grounds of leading an undignified life.

In order for sexual intercourse to be considered as adultery, it is enough to be realised once. The right to file a lawsuit is cancelled six months after the spouse who has the right to file a lawsuit learns the reason for divorce, and in any case, after five years have passed since the act of adultery. The right of action of the forgiving party is not in question.

CONTENTIOUS DIVORCE ON THE GROUNDS OF ATTEMPT ON LIFE, GROSS MISCONDUCT OR DISHONOURABLE BEHAVIOUR (TMK ART.162)

Intention to life means the actions of one spouse against the other spouse’s right to life. In the divorce case to be filed due to intent to life, the conviction of the criminal court is not sought. The Family Court may decide for divorce. Very bad or degrading behaviour means behaviour that may endanger the physical and mental health of the spouse, ill-treatment of the spouse. In divorce lawsuits to be filed due to intent to life, gross misconduct or dishonourable behaviour, as in adultery, there are 6-month and 5-year periods of abatement of rights. Again, the other spouse who forgives his/her spouse due to intent to kill and gross misconduct or dishonourable behaviour shall not have the right to file a lawsuit.

CONTENTIOUS DIVORCE CASE ON THE GROUNDS OF COMMITTING A CRIME AND LEADING A LIFE WITHOUT DIGNITY (TMK ART.163)

If one of the spouses commits a humiliating offence or leads a dishonourable life and the other spouse cannot be expected to live with him/her due to these reasons, this spouse can always file for divorce. In this special ground for divorce, there is no prescription period and it is possible to file for divorce at any time. The fact that one of the spouses has forgiven the other for these reasons will not constitute an obstacle to file for divorce. In the case of divorce on the grounds of committing a crime, a criminal court’s conviction decision will not be sought as in the case of divorce on the grounds of intent to kill.

CONTENTIOUS DIVORCE CASE BASED ON ABANDONMENT (TMK ART.164)

In the divorce case based on the grounds of abandonment; if one of the spouses leaves the house with the intention of not fulfilling the obligations arising from the union of marriage, the spouse is notified after at least four months. Along with the notice, a period of at least two months is given and also the necessary conditions are provided for the spouse to return home.

According to the Turkish Civil Code, the notice must be issued by a judge or a notary public. If the divorce case is filed without notice, the court will make the notice itself. The issues to be considered in the divorce case due to abandonment are that the reason for leaving the house is “failure to fulfil the obligations arising from the union of marriage” and the spouse who actually leaves the house will be deemed to have abandoned the remaining spouse if it is based on just cause.

CONTENTIOUS DIVORCE CASE BASED ON MENTAL ILLNESS (TMK ART.165)

If one of the spouses is mentally ill and the common life becomes unbearable for the other spouse due to this reason, this spouse may file for divorce, provided that it is determined by an official medical board report that the illness cannot be cured. In order to file for divorce on the grounds of mental illness, the marriage must become unbearable for the other spouse.

WHAT IS CONTENTIOUS DIVORCE DUE TO THE INABILITY TO RE-ESTABLISH A COMMON LIFE?

Paragraph 4 of Article 166 of the Turkish Civil Code has introduced a special regulation. Pursuant to this regulation, if the court decides to dismiss the divorce case filed for any reason and the common life cannot be re-established although three years have passed since the date of finalisation of this court decision, the marriage union is deemed to be shaken from its foundations and a divorce decision is made upon the request of any of the parties. For this reason, it does not matter whether the divorce case is filed based on a special or general reason for divorce. The fact that the parties have come together temporarily but without the will to re-establish a common life does not mean that the common life has been re-established.

WHAT ARE THE TYPES OF DIVORCE CASES?

Divorce cases are of two types: uncontested divorce and contentious divorce.

WHAT IS AN UNCONTESTED DIVORCE CASE?

An uncontested divorce case is a case in which the parties prepare a protocol by agreeing on issues such as alimony, material and moral compensation, custody and asset sharing. Uncontested divorce cases end in a single hearing.

 

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