What Is a Contested Divorce Case?
1-What is a Contested Divorce Case?
Under the Turkish Civil Code, divorce cases are divided into two categories: uncontested and contested divorce cases. Spouses who decide to divorce within the marriage union have the right to file a contested divorce case in the Family Court when they cannot reach an agreement on the consequences of the divorce, such as compensation, alimony, and custody. If the parties file for an uncontested divorce but fail to reach an agreement, the case then turns into a contested divorce case.
2- In what situations can parties file a contested divorce case?
Either one or both parties within a marriage union have the right to file a contested divorce case. One of the spouses can file for divorce by claiming that they are unable to continue the marriage union and that the current marriage has become unbearable for themselves and for society.
3- What are the rights of a woman in a contested divorce case?
First and foremost, a contested divorce case is a very significant type of case that requires close monitoring over a long period. If the woman is the one filing the case, her legal status is that of the plaintiff. In this context, the plaintiff woman has the right to request a protection order, benefit from legal aid and request an attorney from the relevant bar associations, claim personal belongings, receive alimony, request custody of the joint child, request the allocation of the matrimonial home to herself, demand the return of jewelry items either in kind or in their monetary equivalent, and claim both pecuniary and non-pecuniary damages.
4- What matters does the judge pay attention to in a contested divorce case?
In contested divorce cases heard before the Family Court, as regulated in detail in Articles 161 and 166 of the Civil Code, the issues the judge pays attention to include: attempt on life, mental illness, leading a dishonorable life, adultery, insults, and humiliating behavior, as well as cases where one of the parties abandons the home. For this reason, the events that form the subject of each contested divorce case must be meticulously described and documented by presenting all evidence. When witness statements and properly obtained records regarding the events are submitted to the file as evidence in a contested divorce case, the judge will review all documents and examine the fault of the parties.
5- Is the fastest possible contested divorce case feasible?
As it is known, the time it takes for a decision to be reached in contested divorce cases is 1 to 2 years due to the length of the proceedings and the caseload. Achieving the fastest possible result in a contested divorce case is only possible if the spouses within the marriage union reach an agreement on issues such as divorce, compensation, alimony, property division, jewelry, and custody. In this case, even if the other conditions for an uncontested divorce required by the Turkish Civil Code are not met, the divorce can be finalized in a single hearing.
6- Which spouse is in a more advantageous position if they file for divorce?
One of the questions I receive most frequently from you is which party should file for divorce. First of all, to be in an advantageous position in divorce cases, one must present all evidence and inform the Family Court judge of the existence of witnesses to prove the fault of the other party in the contested divorce case without delay. Otherwise, if you participate in the divorce case as the defendant, you may find yourself having to respond to the faults alleged by the plaintiff and explain the truth of the situation to clear your name. For this reason, parties have the right to file a counter-suit and demand compensation against each other within the same divorce case.
7- Who pays the court costs in a contested divorce case?
In contested divorce cases, court costs must be paid by the party filing the case, i.e., the plaintiff. If the case is won, a portion of the litigation expenses can be recovered from the other party by the decision of the Family Court judge.
8- What are the grounds for a divorce claim in a divorce case?
The general ground for divorce in a contested divorce case is the irretrievable breakdown of the marriage union. The specific grounds for divorce regulated by the Turkish Civil Code are as follows: Adultery, Attempt on Life, Extremely Bad or Humiliating Behavior, Committing a Crime and Leading a Dishonorable Life, Abandonment, and Mental Illness. The behaviors of the spouses are evaluated by the Family Court judge based on fault ratios within the marriage union, through the petitions submitted and witness statements.
9- How long after a divorce case ends can one remarry?
Following a divorce case, if the divorced woman does not marry her former spouse, there is a 300-day waiting period, also known as the "iddet" period, after the divorce decision is finalized by the Family Court judge. This period is also called the marriage waiting period. This period can be lifted by a judge's decision in two cases: if the woman is not pregnant or if she is to remarry her last divorced husband.
First of all, thank you very much for your kind invitation and for your useful questions regarding divorce cases. I would like to state that making a decision to divorce is a very difficult and exhausting process. For this reason, I recommend that spouses consult with expert psychologists before starting the divorce process to confirm the validity of their decision, and subsequently, carry out the process with lawyers who are experts in this field. I hope that the divorce decision brings about a beneficial outcome for everyone.