What are the grounds for divorce?

1- What are the grounds for divorce?

In the Turkish Civil Code, grounds for divorce are divided into general and special grounds. The general ground for divorce is the irretrievable breakdown of the marriage, known in the previous code as severe incompatibility. Special grounds for divorce include adultery; attempt on life, maltreatment, or degrading treatment; committing a crime and leading a dishonorable life; desertion; and divorce due to mental illness. The person filing a contested divorce case can only file for divorce based on one of the grounds specified in the law.

2- How many types of divorce cases are there?

There are two types of divorce cases in Turkey; the first is a divorce by mutual consent, and the second is a contested divorce. A divorce by mutual consent is a case that concludes in a single hearing where the parties have reached an agreement on the divorce and issues related to the divorce. A contested divorce is a case filed when the parties cannot reach an agreement on divorce, alimony, pecuniary and non-pecuniary damages, or custody, or any of these issues. Unlike a divorce by mutual consent, it does not end in a single hearing.

3- In which court is a divorce case filed?

The competent court for divorce cases is the family court. In provinces where there is no family court, the civil court of first instance will serve as the family court. The court with jurisdiction in terms of location is the place where the spouses have resided for the last 6 months or the place of residence of one of the spouses.

4- How is a divorce case filed?

A petition requesting a divorce must be prepared; if a divorce by mutual consent is to be filed, a divorce protocol by mutual consent must also be prepared along with the petition. The plaintiff who prepares their documents can initiate the filing process by applying to the distribution bureau at the courthouse.

5- What are the court costs in a divorce case, and how much do they cost?

When filing a lawsuit, the court fee must be paid. Along with the application and advance fee, the expense advance, which includes the court's postal costs, must also be deposited.

6- What is the difference between a contested divorce and a divorce by mutual consent?

A contested divorce case is filed when one of the parties wants a divorce and the other does not, or when the parties cannot agree on matters related to divorce such as alimony, custody, compensation, or division of property. A divorce by mutual consent is a case that ends in a single hearing and is one where the parties have reached an agreement on the divorce and matters related to the divorce.

7- How long do divorce cases take?

Every trial process varies depending on the court's workload, the collection of evidence in the file, and the notification process. However, to give an average duration, a divorce by mutual consent lasts between 1 week and 1 month, while a contested divorce lasts about 1 to 1.5 years.

8- Is the person who files for divorce first more advantageous?

There is generally a belief that the person who files for divorce first is more advantageous; however, being the first to file does not provide any advantage in the case. If a spouse files for divorce, the other spouse has the right to file a counter-divorce petition against the filed case. What is important is that the parties prove their allegations with evidence that complies with the law.

9- What is the socioeconomic status investigation in a divorce case?

In a divorce case, the court writes a writ to the relevant police department for a socioeconomic status investigation. With the socioeconomic status investigation prepared by the police unit to which the spouses are assigned, a report is drawn up by questioning the parties' monthly income, whether the house they live in is rented, and whether there is any real estate or vehicle registered in their name.

10- Can women remarry immediately after divorce?

A woman cannot remarry until 300 days have passed from the date the divorce decision is rendered and becomes final. With this regulation introduced in the law, the mixing of lineage is prevented. However, if the woman gives birth within 300 days, the 300-day waiting period will end, and the child's father will be considered the divorced husband. If the child's father is not the divorced husband, the ex-husband can file a paternity denial lawsuit. Another reason for the removal of the waiting period (iddet period) is the woman filing a lawsuit for the removal of the waiting period. If the woman submits an official medical report proving that she is not pregnant while filing the lawsuit, the waiting period will be removed by the court. Thus, the woman can marry someone else within 300 days after the divorce.

11- Is it mandatory to attend hearings in a divorce case?

If both spouses have an attorney, there is no obligation to attend the hearings; the parties' counsel will attend the hearing on behalf of their clients. However, especially if the plaintiff does not have an attorney, there is an obligation to attend the hearings; otherwise, their file will be removed from the process.

12- What should be done if one of the spouses wants a divorce and the other does not?

If the parties have not reached an agreement on the divorce, the spouse who wants the divorce has the right to file a contested divorce case. The spouse who will file the lawsuit can prepare their petition, which includes the grounds for divorce and the request for divorce, and apply to the relevant court.

13- What are the rights of women in a divorce case?

First of all, a woman who is subjected to violence or is in danger of being subjected to violence can request a restraining order against her spouse based on Law No. 6284 when filing for divorce.

The woman has the right to stay in the common residence with her children while the divorce case is ongoing, and she will add her request for the allocation of the common residence along with the restraining order.

If she does not have an income from anywhere, she will request alimony for herself or on behalf of her child together with custody while the divorce case is ongoing.

14- What are the rights of men in a divorce case?

There is a perception in society that alimony can only be requested by women. However, if the legal conditions are met, the male spouse can also request alimony.

The male spouse can request custody of the child, and if custody is granted to him, he can request a decision for the mother to pay child support.

In addition, compensation in divorce can be requested by both spouses. The spouse who is at fault in the termination of the marriage has the right to request compensation in proportion to their fault.

15- Is it mandatory to hire a lawyer in a divorce case?

Everyone can conduct their own legal dispute without receiving lawyer support and can file their own lawsuit. There is no requirement or obligation to receive lawyer support. However, if a person who is not familiar with Family Law and the precedent decisions of the Court of Cassation files a lawsuit and lacks legal experience, irreversible legal losses may occur at the end of the trial process they are pursuing. As in every business, it is necessary to consult an expert in lawsuits and to get support on what path to follow in the case.

16- How is a divorce by mutual consent filed?

First of all, the parties must agree on the divorce and the elements related to the divorce (alimony, property regime, compensation, custody). The parties must prepare a divorce petition along with a divorce protocol by mutual consent. 3 copies of the protocol must be prepared and wet-signed, with 1 copy for the court file and the other 2 copies for the parties. Together with the prepared protocols and the petition, they can initiate the filing process by applying to the distribution bureau at the courthouse in their location.

17- Is a lawyer necessary in a divorce by mutual consent case?

Due to the perception that it is a divorce case that ends in a single hearing and that drafting a protocol is easy, divorce cases by mutual consent are filed and concluded without a lawyer. Unfortunately, couples file a lawsuit and draft a protocol without knowing what their rights from the marriage are, and they feel regret after learning about the loss of rights after the divorce.

Couples who cannot benefit from representation services in a divorce should at least learn what their rights are by benefiting from a lawyer's consultancy service. A person who files a lawsuit without knowing their rights has agreed to lose their rights before even filing the lawsuit.

18- What are the conditions for a divorce by mutual consent?

At least 1 year must have passed since the date of the couple's official marriage; a divorce by mutual consent application cannot be made for marriages of less than 1 year.

The parties must reach an agreement in the protocol they have drafted on divorce, alimony, custody (if there is a joint child), compensation, and division of property.

Even if both spouses have lawyers, the parties must be present at the hearing. The spouses must state in the presence of the judge that they accept the protocol articles and want to get a divorce.

19- Does a divorce by mutual consent turn into a contested one?

After a divorce by mutual consent case is filed, if both spouses or one of the spouses renounces the issues they agreed upon regarding the divorce or the elements related to the divorce, the case will turn into a contested divorce case.

If the parties have filed a contested divorce case, it can also turn into a divorce by mutual consent case while the case is being heard upon the request of both parties.

20- Should I get a divorce through a contested or a divorce by mutual consent case?

A divorce by mutual consent is preferred more than a contested divorce because it is a case that ends in a single hearing. Spouses who want to get a divorce as soon as possible should not act quickly by divorcing through mutual consent without knowing their legal rights. In such cases, if the spouse acts by accepting all conditions, it will lead to irreversible legal losses. Spouses should talk in detail about divorce, custody, alimony, division of property, and compensation, and if they reach an agreement, they should choose the path of divorce by mutual consent. If the parties cannot reach an agreement, they should apply for the path of a contested divorce case.

21- How long does a contested divorce case take?

In a contested divorce case, there is first a petition phase. The petition phase lasts about 1.5 months, and if it is completed, a hearing date is given. There are processes such as hearing witnesses regarding the parties' allegations, writing writs, and the preparation of a report by an expert by the court. Therefore, we can say that contested divorce cases last on average from 1 to 1.5 years.

22- Can an emotional bond be established with someone else while a divorce case is ongoing?

The parties are officially married until the decision rendered by the court regarding the divorce of the parties becomes final. For this reason, the obligation of loyalty to each other continues while the divorce case is ongoing. If one of the spouses starts living with someone else or establishes an emotional bond, they will have violated the obligation of loyalty.

23- What happens if the spouses reconcile while the divorce case is ongoing?

If the parties come back together and reconcile, they must notify the case file. Those who have filed for a divorce by mutual consent or a contested divorce and who have requested a divorce must submit a petition stating that they have waived their lawsuit. However, the person who waives their lawsuit should know that they cannot file a new lawsuit with the grounds for divorce they have submitted to the court.

24- Does one of the spouses not being a Turkish citizen prevent a divorce in Turkey?

Article 14 of the Turkish Private International Law provides that if the spouses have different nationalities, the law of their common habitual residence shall apply, and if they do not have one, Turkish law shall apply. A spouse who is a Turkish citizen will be able to file for divorce in Turkey to divorce their foreign national spouse; there is no obstacle to a divorce in Turkey.

25- How is infidelity proven in a divorce case?

If there is suspicion that one of the spouses has violated their obligation of loyalty, it can be proven with all kinds of evidence, provided that it complies with the law. A spouse who wants to prove infidelity can present witnesses, telephone call records, hotel records, messages, or photographs as evidence.

26- Are voice recordings, videos, Facebook, and Whatsapp messages considered evidence?

A party who wants to prove their allegations in a lawsuit must present evidence that complies with the law to the court; if they present evidence that is contrary to the law, the court will not only not base its judgment on it, but they will also have committed a crime. For this reason, if a person's voice recordings, videos, Facebook, and Whatsapp messages have been obtained without the person's consent, they will have committed the crime of violating the privacy of private life.

27- What should a spouse who is subjected to violence from their spouse do?

A person who is subjected to physical violence should obtain a battery report and file a criminal complaint against their spouse. A spouse who is subjected to violence can apply by calling the prosecutor's office, women's non-governmental organizations, bar associations' women's counseling centers and legal aid organizations, police stations, gendarmerie stations, health institutions, and Alo 183.

28- How is a battery report obtained?

A spouse who has been battered can apply to any police station and file a complaint that they have been battered. The person will be referred to a hospital through the police, and the person's battery report will be obtained. After the battery report is obtained, a restraining order can be requested from the police station, the prosecutor's office, or the family court.

29- Who can receive alimony in a divorce case?

The spouse who will fall into poverty due to the termination of the marriage and who is less at fault in the events that led to the divorce can request alimony.

Also, if the parties have a joint child, the spouse who receives custody of the child can request health, care, and education expenses from the other parent. Both types of alimony can be requested while the divorce case is ongoing.

30- What is the alimony amount determined based on in a divorce case?

Before the court determines the alimony amount, it will conduct an economic and social status investigation of the parties and will make a decision by considering their economic situation. It will be decided by taking into account such issues as whether both spouses have an income and whether they have any real estate or movable property registered in their name. The court will not make a decision that exceeds the economic situation of the alimony payer.

31- Does alimony increase every year?

An annual increase rate can also be determined in the alimony amount determined by the court. According to the precedents of the Court of Cassation, the alimony increase will be determined in line with the Producer Price Index (PPI) determined by the Turkish Statistical Institute (TUIK), and an increase will take place at the rate determined each year.

32- How long does child support paid to a child continue?

Child support is time-limited alimony. It continues until the age when the child becomes an adult; it will end automatically (without the need to file a lawsuit) when they become an adult. If the child's education continues after becoming an adult, they can file a lawsuit and request support alimony.

33- How is the fault of the spouses evaluated in a divorce case?

Fault is an important issue in contested divorce cases. If one or both of the parties allege that the other spouse is at fault in the termination of the marriage, the alleging spouse is obliged to prove it. A spouse who does not fulfill the obligations arising from the marriage, who subjects their spouse to violence, and who does not fulfill their responsibilities towards their children will be evaluated as at fault by the court.

34- Is abandoning the home a fault in divorce?

The departure of one of the spouses from the common residence is desertion, and a divorce case due to desertion is filed under Article 164 of the Turkish Civil Code. However, the abandoned party can file a divorce case due to desertion. The conditions for filing a divorce case due to desertion are: the spouse leaving the common residence with the intention of not fulfilling the obligation arising from the marriage union, the desertion having lasted at least 6 months, and the other spouse calling them to return home for the return to the common residence.

35- Who is given custody of the child?

During the parties' marriage, custody of the joint child is shared by both parents. However, if the parties enter the divorce process, the right of custody will be given to one of the parties. While the court is making the custody decision, it will first evaluate whether the child is at an age that requires maternal care, and custody will be awarded by considering which parent can better undertake the care and supervision of the child.

36- In which cases is custody given to the father?

Every decision made by the court on behalf of the child will be in the direction of the child's best interests. If the child's age requires maternal care, custody of the child is given to the mother by the court. However, if the mother neglects the child's care, does not show interest, and acts negligently in her responsibilities, custody will be given to the father.

37- What is a family residence annotation?

The residence that the family has established as a dwelling together is the family residence. If a family residence annotation is placed, one of the spouses will not be able to terminate the lease agreement without the consent of the other spouse, and they will not be able to carry out the sale of the residence even if they are the owner on the title deed. For this reason, the spouse can apply to the land registry office and request to place a family residence annotation.

38- Can the spouse who abandons the home put the residence up for sale while the divorce case is ongoing?

As a rule, the spouse who is the owner of the house will not be able to carry out the sale of the family residence without the consent of the other spouse while the divorce case is ongoing. However, in the event that the family residence is sold, the other spouse has the right to file a lawsuit for the cancellation of the title deed.

39- Can pecuniary and non-pecuniary compensation be requested in a divorce case?

Compensation is a request for the payment of the monetary equivalent of the damage suffered by the person who has suffered damage due to an unjust act. A spouse who has suffered pecuniary and non-pecuniary damage due to the spouse's faulty behavior in the marriage can request compensation for their damage. The spouse filing for divorce will also be able to state their compensation request in the same petition.

40- How are witnesses determined in divorce?

A witness is a person who makes a statement in the presence of the court as an eyewitness to the events that are the subject of the case. Witness evidence is important in divorce cases; therefore, in a divorce, spouses should choose the people they want to be heard in the presence of the court from among those who are witnesses to the allegations they have put forward in the case.

Since witness statements that are personally witnessed to the problems between the parties and that do not have knowledge based on the narrative of one of the parties will constitute evidence, the person should be careful in choosing witnesses.

41- How does division of property take place in divorce?

In marriages that took place after 01.01.2002, while the separation of property regime existed, assets remained with the spouse in whose name they were registered. However, with the change after 01.01.2002, a regime of participation in acquired property was introduced, so both spouses have half the rights in the property acquired within the marriage union.

42- Is the gold given at the wedding the woman's right?

According to the established precedents of the Court of Cassation, the gold given at the wedding is the woman's right. Even if the gold is given to the male spouse at the wedding or is pinned on the woman by the male spouse's family, the jewelry is the woman's right. Jewelry that is exclusive to the man and can only be used by the man will not belong to the woman. An example of this can be a man's watch.

43- When does the decision rendered in a divorce case become final?

The decision rendered by the court during the hearing is the short-form judgment. The court will write the reasoned decision, and the reasoned decision will be issued for service to both parties. Following the proper service of the divorce decision to both parties, if the parties do not apply for an appeal within the legal objection period, the decision will become final.

44- When and how is the divorce decision entered into the civil registry?

Upon the finalization of the divorce decision, the clerk of the court that issued the decision will serve the decision, along with its finalization certificate, to the relevant civil registry office. Once the civil registry office receives the court's decision, it will be able to change the marital status of the divorced couple in their civil registry records to single.