How to File for Divorce? Competent Court, Evidence, and Demands

1. How is a divorce lawsuit filed?

A divorce lawsuit is filed with a petition submitted by one of the spouses to the family court. In places where there is no family court, these cases are handled by the civil court of first instance acting as a family court.

The petition must clearly state the grounds for divorce, the events fundamentally shaking the marital union, the fault status of the parties, requests regarding children if any, and claims for alimony and compensation.

The most important point here is that the divorce request is not merely limited to terminating the marital union. Along with the divorce, important legal consequences such as custody, alimony, material and moral compensation, the use of the family residence, and the liquidation of the property regime also come to the agenda.

Therefore, before filing a lawsuit, the legal situation must be evaluated in all its aspects, evidence must be determined, and requests must be formulated correctly.

2. Is it mandatory to hire an attorney for divorce?

Under Turkish law, there is no obligation to hire an attorney to file a divorce lawsuit. Individuals can pursue their own cases personally.

However, divorce lawsuits, especially contested ones, involve serious procedural and evidentiary rules. Deficiencies in the petition, evidence not submitted in due time, incorrectly framed claims, or baseless allegations can affect the outcome of the case.

Particularly regarding alimony, custody, compensation, and property regimes, there are distinct legal conditions.

Our citizens should pay attention not only to whether they can divorce or not, but also to what rights they will have after the divorce. Obtaining legal support is important in terms of preventing loss of rights.

3. How long does a divorce lawsuit take?

It is not possible to give a definitive period applicable to all cases regarding how long divorce lawsuits will take.

Uncontested divorce lawsuits can be concluded in a shorter time if the necessary conditions are met and the court assigns a suitable hearing date.

In contested divorce lawsuits, many factors such as the allegations of the parties, the number of witnesses, the collection of evidence, expert examinations, social inquiry reports, and the workload of the court affect the process.

Additionally, taking the decision of the court of first instance to appellate review and, if necessary, appeal examination can cause the duration to extend.

The point our citizens should pay attention to is not adopting an approach that waives their rights or accepts poorly drafted protocols for the sake of quick results.

4. Will the divorce take place if one party does not want to divorce?

Yes, one spouse not wanting a divorce does not prevent the other spouse from filing a divorce lawsuit.

Within the scope of Article 166 of the Turkish Civil Code, if the marital union is shaken from its foundations to such an extent that the parties cannot be expected to maintain shared life, each spouse may file a divorce lawsuit.

What is important here is that the spouse filing for divorce is able to prove the events they put forward and the legal ground for divorce.

The other spouse not accepting the divorce does not mean the lawsuit will automatically be dismissed. However, the fault status, whether the marital union is truly shaken from its foundations, and the nature of the objection made to the lawsuit are evaluated by the court.

Therefore, no one can be completely deprived of the right to legally terminate the marital union on the grounds that the other spouse has no consent.

5. If one of the spouses files for divorce, what should the other spouse do?

First of all, the divorce petition must be carefully examined and the statutory response period must not be missed.

Pursuant to the Code of Civil Procedure, the defendant party is required, as a rule, to submit their response petition within two weeks from the service of the divorce petition. It is possible to request additional time under the conditions specified in the law.

The defendant spouse must separately respond to the allegations directed against them, explain the facts they do not accept, and submit evidence supporting their defense.

If the necessary conditions exist, filing a counter-lawsuit may also come to the agenda. However, the period and procedural conditions of the counter-lawsuit must be evaluated separately.

The biggest mistake here is to underestimate the divorce petition or to submit only a response containing general statements to the court. A timely and correctly formulated defense carries great importance in divorce lawsuits.

6. What are the differences between an uncontested divorce and a contested divorce?

An uncontested divorce is based on the premise that spouses reach a consensus on the divorce and the consequences of the divorce. A contested divorce is the type of lawsuit where the court evaluates the dispute because the parties cannot agree on the divorce or the consequences of the divorce.

In an uncontested divorce, the parties regulate issues such as alimony, custody, personal relationship with the child, and material and moral compensation in a protocol. The judge listens to the parties personally and must find the protocol appropriate.

In a contested divorce, however, the allegations, defenses, and evidence of the parties are evaluated. The court determines the fault status and the legal consequences of the divorce.

What is important is not just that the lawsuit ends quickly, but that the rights the parties will have after the divorce are regulated in a clear, executable, and lawful manner.

7. For how many years must the marriage have lasted for an uncontested divorce?

According to the third paragraph of Article 166 of the Turkish Civil Code, for an uncontested divorce decision to be rendered, the marriage must have lasted for at least one year.

If this condition is not met, the fact that the spouses have agreed is not sufficient on its own for an uncontested divorce decision to be rendered.

If the one-year period has not expired, it is possible to file a contested divorce lawsuit based on general divorce grounds, depending on the characteristics of the specific case.

The starting point of the one-year period is the date of marriage. The fact that the spouses start living apart physically does not change this period.

8. Is it possible to withdraw from an uncontested divorce?

Yes. The intentions of the parties are important during the uncontested divorce process.

If one of the spouses states at the hearing that they do not want to divorce or declares that they do not accept the conditions in the protocol, the court cannot render an uncontested divorce decision in line with the existing agreement.

Additionally, the judge must be convinced that the intentions of the parties were expressed freely and must find the protocol appropriate.

The rendering of an uncontested divorce decision and the finalization of the decision are also distinct legal stages. Before finalization, the application for legal remedies and the legal status of the decision must be evaluated separately.

Therefore, before the protocol is signed, the consequences of the regulations regarding alimony, custody, compensation, and property must be examined carefully.

9. Can spouses live separately while the divorce lawsuit is ongoing?

Yes. It cannot be said that spouses have an obligation to live together while the divorce lawsuit is ongoing.

Article 169 of the Turkish Civil Code regulates that when a divorce or separation lawsuit is filed, the judge shall take the necessary temporary measures for the duration of the lawsuit.

These measures cover issues such as the accommodation and livelihood of the spouses, the management of property, and the care and protection of children.

Therefore, one of the spouses can live in a separate residence during the lawsuit. However, whether leaving the shared residence is based on justified grounds can be important in fault evaluation according to the characteristics of the specific case.

Especially in situations involving violence, threats, or security risks, it is a priority for the person to take necessary measures to protect themselves.

10. In which court is a divorce lawsuit filed?

The court with subject-matter jurisdiction in divorce lawsuits is the family court. In places where there is no family court, the civil court of first instance serves in the capacity of a family court.

The authorized court is determined according to Article 168 of the Turkish Civil Code. Accordingly, a divorce lawsuit can be filed at the settlement place of either spouse or at the place where the spouses have lived together last for the last six months before the lawsuit.

Filing a lawsuit in the wrong place may cause jurisdiction objections and procedural problems.

Therefore, before filing a lawsuit, both the court with subject-matter jurisdiction and the authorized court must be determined correctly.

11. Which behaviors are considered grounds for divorce?

Special grounds for divorce such as adultery, attempt on life, extremely bad or humiliating treatment, committing a crime, leading a dishonorable life, abandonment, and mental illness are regulated in the Turkish Civil Code.

Besides this, the most frequently encountered ground for divorce is the fundamental shaking of the marital union.

Continuous insults, physical or psychological violence, behaviors violating the obligation of loyalty, economic violence, excessive interference by the spouse's family in the marital union, and behaviors causing shared life to become unsustainable can constitute grounds for divorce according to the conditions of the specific case.

However, every argument or disagreement is not automatically counted as a ground for divorce. The nature, continuity, severity of the behavior, and its effect on the marital union are evaluated together.

12. How is a divorce lawsuit filed due to infidelity (adultery)?

Adultery is regulated as a special ground for divorce in Article 161 of the Turkish Civil Code.

The fact that one of the spouses has a sexual relationship with another person while the marriage continues can form the basis for a divorce lawsuit due to adultery.

There are two important time limits in this lawsuit. The spouse who has the right to file a lawsuit must file it within six months from learning about the ground of adultery and in any case without five years passing since the adultery act. Additionally, the spouse who has forgiven the adultery act does not have the right to file a lawsuit based on this ground.

Lawful evidence holds great importance in proving adultery. Messages, photos, witness accounts, and other documents can be evaluated according to the characteristics of the specific case.

However, every messaging or intimacy cannot be directly characterized as adultery. Some behaviors can be evaluated within the scope of the fundamental shaking of the marital union.

13. Can the spouse who committed adultery receive alimony or compensation?

The answer to this question changes depending on the type of alimony and the fault status of the parties.

According to Article 175 of the Turkish Civil Code, the party who will fall into poverty due to divorce can request post-divorce spousal maintenance from the other party, provided that they are not more heavily at fault in the divorce.

Therefore, the request for post-divorce spousal maintenance by the spouse who committed adultery depends on the fault evaluation. It is not possible for the spouse accepted as fully at fault in the divorce due to adultery to receive post-divorce spousal maintenance.

Fault and other legal conditions are also evaluated in terms of material and moral compensation.

However, child support (care and education allowance) paid for the child is different. This alimony concerning the child's care and education expenses is determined based on the child's best interests and the economic situations of the parties, independent of the mother's or father's fault as a spouse.

14. Is psychological violence a ground for divorce?

Yes. Psychological violence is among the important grounds for divorce that can cause the marital union to shake from its foundations.

Constantly humiliating a spouse, making them feel worthless, threatening them, isolating them from their social environment, keeping them under control, exposing them to systematic insults, or frightening them can be evaluated within the scope of psychological violence.

The fact that psychological violence does not leave physical traces does not mean it is legally insignificant.

Such behaviors can be demonstrated through messages, emails, witness accounts, health records, and other lawful evidence according to the characteristics of the incident.

There is an important point our citizens should know: Violence experienced within marriage is not limited to physical violence. Behaviors violating a person's mental integrity and personal rights are also within the scope of legal protection.

15. Does a spouse insulting the other serve as evidence in a divorce lawsuit?

Yes. Statements containing insults by one spouse toward the other can be important in terms of the fundamental shaking of the marital union and fault evaluation.

The content of the insult, the environment in which it took place, whether it was repeated, and its effect on the marital union are evaluated by the court.

WhatsApp messages, SMS records, emails, and witness accounts can be submitted as evidence, provided that they have been obtained lawfully.

What is important here is not merely alleging that an insult was made, but being able to support the claim with lawful evidence.

Additionally, whether the insult constitutes a crime in terms of criminal law is a separate subject of evaluation. Fault evaluation in a divorce lawsuit and criminal liability should not be confused with each other.

16. Is a spouse leaving the home considered a ground for divorce?

A spouse leaving the shared residence does not in every case constitute a ground for divorce due to abandonment.

Special conditions for divorce due to abandonment are regulated in Article 164 of the Turkish Civil Code.

Accordingly, one of the spouses must abandon the shared residence in order not to fulfill the obligations arising from the marital union or not return to the shared residence without a justified reason. It is also mandatory to fulfill the separation period, notice, and other conditions stipulated in the law.

In a divorce lawsuit due to abandonment, the separation must last for at least six months and the notice procedure in the law must be completed. The rules of a four-month waiting period for sending the notice and a two-month period after the notice must also be complied with.

The situation of the spouse who leaves home due to violence or a security threat is evaluated separately. It is not correct for the spouse who leaves the residence for a justified reason to be accepted as at fault solely for this reason.

17. Is the interference of the spouse's family in the marriage a ground for divorce?

Yes, it can be a ground for divorce depending on the characteristics of the specific case.

The marital union is founded upon the obligation of the spouses to maintain shared life together and fulfill their responsibilities toward each other.

The constant interference of one spouse's family in the marriage, insulting the other spouse, interfering in the shared residence or private life, and the spouse's failure to show an attitude against this situation to protect the marital union can be taken into account in fault evaluation.

Especially staying continuously silent against the derogatory or intrusive behaviors of one's own family directed at the other spouse can in some cases be attributed to the spouse as fault.

However, every disagreement or visit by families is not a ground for divorce. The severity of the interference and the behaviors of the spouses during this process are important.

18. Is economic violence considered a ground for divorce?

Yes. Economic violence is among the behaviors that can lead to the fundamental shaking of the marital union.

The failure of a spouse to meet the basic needs of the other spouse, keeping economic resources entirely under control, preventing them from working, constantly putting pressure through money, or avoiding participating in family expenses can be evaluated as economic violence according to the characteristics of the specific case.

In the marital union, spouses have an obligation to participate in the expenses of the union with their labor and assets in proportion to their capacities.

However, simply one spouse earning more income or being economically stronger than the other does not mean economic violence.

What is important is whether economic power is used as a tool of pressure and control over the other spouse.

19. Is a spouse messaging other people via social media a ground for divorce?

Social media correspondence can be important in a divorce lawsuit depending on their content and nature.

A spouse establishing emotional intimacy with another person, sending sexually explicit messages, or engaging in behaviors that undermine the trust relationship of the marital union can be evaluated within the scope of the fundamental shaking of the marital union.

However, it cannot be said that social media messaging constitutes adultery in every case. The conditions sought in the law for adultery must exist.

Additionally, how these correspondences were obtained is extremely important. Entering the spouse's phone without permission, cracking their password, or secretly accessing their account can lead to the problem of unlawful evidence and also criminal liability.

Our citizens must not resort to unlawful methods while gathering evidence.

20. How is fault determined in a divorce lawsuit?

In divorce lawsuits, fault is evaluated through the behaviors of the parties violating their obligations arising from the marital union and the events that caused the termination of the marriage.

The court examines the claims, defenses, witness statements, documents, and other lawful evidence of the parties.

In fault evaluation, not just a single event, but the entirety of behaviors during the marriage process is important.

Fault can directly affect the financial consequences of divorce, such as alimony, material and moral compensation.

Especially within the scope of Articles 174 and 175 of the Turkish Civil Code, the fault status is important in claims for compensation and post-divorce spousal maintenance.

Therefore, the legal nature of every event put forward in a divorce lawsuit must be correctly determined and proven.

21. Under what circumstances can a woman receive alimony in a divorce lawsuit?

In Turkish law, the right to alimony is not a right granted solely to women. The female or male spouse fulfilling the legal conditions can request alimony.

Interim alimony comes to the agenda while the divorce lawsuit is ongoing, and post-divorce spousal maintenance, if conditions exist, after the finalization of the divorce decision.

In terms of post-divorce spousal maintenance, the spouse making the request must fall into poverty due to the divorce and must not be more heavily at fault than the other spouse.

When determining the amount of alimony, the economic and social statuses, incomes, needs of the parties, and the characteristics of the specific case are taken into account.

I would like to emphasize importantly that working is not an obstacle to receiving alimony on its own. Whether the working spouse's income prevents them from falling into poverty is evaluated separately.

22. Is the male spouse obliged to pay alimony?

The male spouse can be held obliged to pay alimony if legal conditions exist; being male does not create an obligation of alimony on its own. Under Turkish law, the obligation of alimony is not determined by gender.

Article 175 of the Turkish Civil Code regulates that the party who will fall into poverty due to divorce can request alimony from the other party.

Therefore, the female spouse who is economically stronger can be held obliged to pay alimony to the male spouse if legal conditions exist.

What is decisive here is not the gender of the parties, but their economic and social statuses, the poverty that will arise due to divorce, and their fault status.

The main purpose of alimony law is to protect the spouse who will fall into a difficult economic situation as a result of the divorce within the framework of conditions specified in the law.

23. Under what conditions is post-divorce spousal maintenance granted?

The legal basis of post-divorce spousal maintenance is Article 175 of the Turkish Civil Code.

Accordingly, the party requesting alimony must fall into poverty due to the divorce, must not be more heavily at fault in the divorce than the other party, and must have a request for alimony.

The financial power of the alimony obligor is also evaluated.

The concept of poverty does not mean having no income at all. Whether a person has sufficient economic means to cover their mandatory living expenses is evaluated through the specific case.

Additionally, the social and economic conditions of the parties are taken into consideration when determining the amount of alimony.

I would especially like to underline that alimony is not automatically granted in every divorce lawsuit.

24. Can a working woman receive alimony after a divorce?

Yes, a working woman can also receive post-divorce spousal maintenance.

There is an important issue misunderstood in society here. The fact that a person is working is not an obstacle to requesting post-divorce spousal maintenance on its own.

The court evaluates the income earned by the person, living conditions, mandatory expenses, and the change that will occur in their economic status due to the divorce.

For example, the situation of a person who has a regular income but whose income is not enough to cover basic needs is different from the situation of a person earning a high income.

Therefore, looking only at whether they are working is not sufficient in alimony evaluation. Economic conditions must be examined as a whole.

25. For how long is alimony paid?

A general and fixed period limit for post-divorce spousal maintenance is not foreseen in the Turkish Civil Code.

As long as legal conditions continue, the obligation of alimony can also continue. However, an evaluation stating that alimony is paid for life under all conditions is also not correct.

According to Article 176 of the Turkish Civil Code, in the event of the alimony creditor remarrying or the death of one of the parties, the alimony terminates automatically. In cases where the alimony creditor lives as if they were actually married without marriage, their poverty disappears, or they lead a dishonorable life, it can be terminated by a court decision.

Additionally, if the financial situations of the parties change, an increase or decrease in alimony can be requested.

26. How is child support (care and education allowance) determined for a child?

Child support is the alimony paid so that the parent to whom custody is not granted can participate in the care and education expenses of the child in proportion to their economic power.

Pursuant to Article 182 of the Turkish Civil Code, the party to whom custody is not granted must participate in the care and education expenses of the child in proportion to their power.

When determining alimony, the age of the child, educational status, health needs, living standards, and the economic conditions of the parties are taken into account.

Child support is the right of the child. The fact that the mother or father is at fault in the divorce does not eliminate the obligation to participate in the care and education expenses of the child.

In the event that the needs of the child increase or economic conditions change, an increase in the amount of alimony can also be requested.

27. What can be done against the spouse who does not pay alimony?

In the event that the alimony ordered by the court is not paid, the alimony creditor can initiate enforcement proceedings.

It is possible to apply to the enforcement with judgment path for the collection of the alimony claim. In the event that the alimony debt is not paid, within the scope of Article 344 of the Enforcement and Bankruptcy Code, disciplinary imprisonment can come to the agenda upon complaint if legal conditions are formed.

What is important here is that the alimony debt is based on a court decision and the relevant enforcement procedures are carried out in accordance with the procedure.

Our citizens must not be content with only verbal warnings when alimony is not paid, and must evaluate legal collection paths.

Additionally, the accumulation of the alimony debt does not prevent the creditor from applying to enforcement.

28. How is an alimony increase lawsuit filed?

The amount of alimony can become insufficient over time. Especially inflation, the increase in the child's educational expenses, changing health needs, or differences occurring in the economic conditions of the parties can make an alimony increase necessary.

Within the scope of Articles 176 and 331 of the Turkish Civil Code, an increase in alimony can be requested according to the conditions.

The petition must explain why the existing alimony has become insufficient, which expenses have increased, and the changes occurring in the economic conditions of the parties.

Income documents, school expenses, health expenditures, and other documents showing economic status are important.

In the alimony increase, not only general economic conditions, but the characteristics of the specific case and the payment power of the parties are evaluated together.

29. When is interim alimony requested in a divorce lawsuit?

Interim alimony can be requested for the spouse or children who need economic protection while the divorce lawsuit is ongoing.

Pursuant to Article 169 of the Turkish Civil Code, the judge shall ex officio take the necessary temporary measures when a divorce lawsuit is filed.

Within this scope, issues such as the accommodation and livelihood of the spouses, and the care and protection of children can be regulated.

It is not necessary to wait for the finalization of the divorce decision for interim alimony.

This measure is of great importance, especially in situations where one of the spouses has no income or cannot benefit from the economic opportunities of the other spouse.

The court determines an appropriate amount by examining the economic and social conditions of the parties.

30. Under what circumstances is alimony terminated?

The termination of alimony is subject to different legal conditions depending on the type of alimony.

In terms of post-divorce spousal maintenance, Article 176 of the Turkish Civil Code is important. In the event of the alimony creditor remarrying or the death of one of the parties, the alimony terminates automatically.

In cases where the alimony creditor lives as if they were actually married without marriage, their poverty disappears, or they lead a dishonorable life, it can be terminated by a court decision.

Additionally, if the financial situations of the parties change, a decrease or increase in alimony can be requested.

Child support is evaluated separately within the framework of the child reaching the age of majority, the continuation of their education, and other special conditions. After reaching the age of majority, assistance alimony may come to the agenda due to education.

31. To whom is the custody of children granted in a divorce?

The fundamental criterion regarding custody in a divorce is the best interests of the child.

While granting custody to the mother or father, the court evaluates the age, development, educational status, health needs of the child, the living conditions of the parents, and the care opportunities they can provide to the child.

The gender of the mother or father is not solely decisive in determining custody.

The priority is for the child to grow up in a safe, healthy, and stable environment.

Additionally, the parent to whom custody is not granted also has the right to establish a personal relationship with the child.

The most important point not to be forgotten here is that custody is not a struggle for superiority between the mother and father. The law primarily protects the best interests of the child.

32. Can custody be granted to the father if the mother is working?

Yes, but the fact that the mother is working is not a sufficient reason on its own for custody to be granted to the father.

The court evaluates under what conditions the mother and father can provide for the child's care, education, and development.

If the mother's working does not prevent her from meeting the child's needs and a safe living environment can be provided for the child, her being in working life cannot be accepted as a negative situation in terms of custody.

Similarly, the father earning a higher income does not mean that custody will automatically be granted to the father.

In custody evaluation, alongside economic conditions, the time that can be allocated to the child's care, the parent-child relationship, and the psychological needs of the child are also important.

33. Is the custody of a young child necessarily granted to the mother?

No. There is no absolute rule stating that the custody of young children must be granted to the mother in every case.

In practice, the child's age, their need for maternal care, the care competence of the parents, and the best interests of the child are evaluated together.

Especially in infancy and early childhood periods, the child's need for maternal care and a continuous care relationship can be important.

However, in the event that the mother has behaviors endangering the child's safety or serious deficiencies in care emerge, a different decision can be made.

Each file must be evaluated within its own conditions. It is not correct to make stereotypical and automatic decisions regarding custody.

34. Can the child state their own preference regarding custody?

Yes. The child's opinion should be taken into account to the extent that their age and developmental level permit.

The child expressing their opinion on matters concerning them is an important part of children's rights.

Article 12 of the United Nations Convention on the Rights of the Child also regulates the hearing of the child's opinion.

However, the child stating which parent they want to live with does not solely determine the custody decision.

While evaluating the child's opinion, the court takes into account whether this preference is expressed with free will, whether they remain under the influence of one of the parents, and the best interests of the child.

The child's opinion is important, but it is not solely decisive.

35. Can custody be changed after a divorce?

Yes. Even if the custody decision has been finalized, a custody change lawsuit can be filed if conditions change.

Article 183 of the Turkish Civil Code regulates that if new facts make it necessary, the judge can take the necessary measures.

For example, the parent holding custody neglecting the child's care, endangering the child's safety, failing to meet the child's educational and health needs, or significant changes in living conditions can cause custody to be re-evaluated.

However, every relocation, economic change, or disagreement between parents does not require a change of custody.

The court's primary criterion is again the best interests of the child.

36. What can the father do against the mother who does not show the child?

Even if the custody of the child has been granted to one parent after a divorce, the other parent has the right to establish a personal relationship with the child.

In the event that the personal relationship decision determined by the court is not complied with, the relevant parent can apply to legal remedies.

In this regard, the current practice regarding child delivery and establishing a personal relationship with the child, established by Law No. 5395 on Child Protection and Law No. 7343, is important.

Judicial Support and Victim Services Directorates operate in the fulfillment of child delivery and personal relationship decisions.

In the event that the child is not shown, it is not correct for the parent to use force on their own or take the child by force.

The legal process must be operated and the psychological integrity of the child must be protected.

37. Can the parent holding custody move the child to another city?

The parent holding custody has authorities regarding organizing the child's life. However, this authority is not unlimited.

Moving the child to another city can produce significant consequences in terms of education, health, social environment, and establishing a personal relationship with the other parent.

In the event that the personal relationship determined by the court becomes practically impossible or very difficult as a result of the relocation, the other parent can make legal applications.

It is evaluated whether the new conditions affect the best interests of the child. If necessary, the personal relationship arrangement can be remade or a new evaluation regarding custody can come to the agenda.

Therefore, the parent holding custody must consider not only their own needs, but also the situation of the child and their relationship with the other parent while making a decision to move.

38. How much can the parent who does not hold custody see the child?

The duration and form of the personal relationship with the child are determined by the court.

The court takes into account the child's age, educational calendar, health status, relationship with the parents, and the best interests of the child.

The personal relationship can be arranged over weekends, holidays, semester breaks, summer vacations, or specific special days.

There is no single meeting calendar applicable to every family.

Additionally, establishing a personal relationship with the child should not be evaluated solely as the parent's right. The child also has the right to maintain a healthy relationship with the parent to whom custody is not granted.

The physical and psychological safety of the child must always be a priority in the implementation of the court decision.

39. How are the home and car divided in a divorce?

The division of the home and car in a divorce is determined according to the property regime valid between the spouses.

According to the Turkish Civil Code, the legal property regime is the participation regime in acquired property. If no other property regime agreement has been made between the spouses, this regime applies.

The home, car, bank savings, and other asset values acquired during the marriage can be accepted as acquired property, barring the exceptions in the law.

However, the fact that the property is registered only in the name of one of the spouses does not mean that the other spouse has no rights.

In the liquidation of the property regime, acquired property, personal property, debts, contributions, and value increases are evaluated.

There is an important detail here: The divorce lawsuit and the property regime liquidation lawsuit are distinct legal claims. In order not to experience a loss of rights, these two processes must be evaluated together.

40. Is a home purchased before marriage divided in a divorce?

As a rule, real estate acquired before marriage is the personal property of the spouse and is not divided within the scope of the participation regime in acquired property.

Pursuant to Article 220 of the Turkish Civil Code, properties belonging to one of the spouses at the beginning of the property regime are accepted as personal property.

However, there are important exceptions here.

For example, in the event that loan installments of a residence purchased before marriage are paid from common incomes during the marriage, expenditures contributing to the increase in the value of the real estate are made, or the other spouse has a contribution toward the asset, a participation receivable or value increase share receivable may come to the agenda.

Therefore, it is not correct to say that a home purchased before marriage will under no circumstances produce economic consequences regarding the other spouse.

41. Does a home purchased during marriage belong to whoever it is registered under?

No. The fact that the real estate is registered in the title deed only in the name of one of the spouses does not eliminate the other spouse's rights arising from the property regime.

Real estate acquired within the marriage can, as a rule, have the nature of acquired property.

For example, even if the title deed of the home is only in the husband's name, the female spouse can request a participation receivable as a result of the liquidation of the property regime. The reverse is also valid.

However, in situations such as the real estate being acquired through inheritance, donation, or pre-marriage savings, a personal property evaluation must be made.

Additionally, the acquisition date of the property, payment sources, loan debts, and personal property contribution, if any, must be examined in detail.

Whose name is written in the title deed and the receivable right stemming from the property regime are not the same thing.

42. Are inherited properties divided in a divorce?

No. As a rule, properties left to one of the spouses by inheritance are accepted as personal property.

According to Article 220 of the Turkish Civil Code, asset values obtained through inheritance are kept outside the participation regime in acquired property.

For example, a house, land, money, or other asset values left to one of the spouses by their mother or father are, as a rule, not shared in equal shares with the other spouse.

However, a separate evaluation may need to be made regarding the incomes obtained by the inherited real estate during the marriage, investments made, or the contributions of the other spouse.

Here, it is necessary to separate the inherited property itself from the incomes obtained from that property.

In each specific case, the nature of the property and the contributions made must be examined separately.

43. Is the money in a spouse's bank account shared in a divorce?

Whether the money in the bank account will be shared in a divorce depends on with what source and on which date the money was obtained.

Incomes obtained in return for work during the marriage have, as a rule, the nature of acquired property.

Therefore, the presence of these incomes in the bank account of one of the spouses does not eliminate the other spouse's receivable right arising from the property regime.

However, in the event that values in the nature of inheritance, donation, or personal property are present in the bank account, a different evaluation is made.

Additionally, the transfer of the money in the account to third parties before the divorce, hiding it, or disposing of it with the intent to evade property can also cause legal disputes.

In such cases, examining bank records and money movements is important.

44. To whom does wedding jewelry belong in a divorce?

To whom the wedding jewelry will belong is determined according to the nature of the jewelry, to whom it was allocated, the agreement of the parties, and the characteristics of the specific case.

While general acceptances came to the forefront in the Court of Cassation (Yargıtay) practice regarding wedding jewelry in past years, in current evaluations, elements such as to whom the jewelry was presented, to whom it was allocated, the agreements of the parties, and local customs and traditions are of importance.

Particularly wedding footage, photographs, jewelry lists, witness accounts, and documents showing by whom the jewelry was received are important in terms of proof.

The fact that the jewelry was used for marriage expenses does not solely indicate that ownership was transferred. In this regard, the intention of the parties and whether it was given to be returned must be evaluated.

Our citizens must make the type, quantity, and value of the jewelry as concrete as possible in their requests regarding wedding jewelry.

45. What can be done if one of the spouses hides the other's property?

The fact that one of the spouses hides assets during the divorce process, transfers them to third parties, or performs transactions aimed at reducing asset values can cause serious legal problems.

Values to be added are regulated in Article 229 of the Turkish Civil Code. Under the conditions specified in the law, certain gratuitous transfers made in order to reduce the other spouse's participation receivable and gratuitous transfers other than ordinary gifts made within the year prior to the termination of the property regime without the consent of the other spouse can be taken into account in the liquidation.

Therefore, title deed records, bank account movements, vehicle registrations, corporate partnerships, and other asset values must be examined.

Suspicion alone is not sufficient in allegations of asset evasion. The dates of transactions, their economic purpose, and legal nature must be demonstrated.

Additionally, the cancellation of transfers made to third parties or other legal application paths must be evaluated according to the conditions of the specific case.

46. How much material and moral compensation can be received in a divorce lawsuit?

There is no fixed amount in the law for the amount of material and moral compensation in divorce lawsuits.

According to Article 174 of the Turkish Civil Code, the faultless or less at fault party whose current or expected benefits are impaired due to divorce can request an appropriate amount of material compensation from the other at-fault party.

In terms of moral compensation, the person's personal rights must have been attacked due to the events causing the divorce.

When determining the amount of compensation, the economic and social statuses of the parties, degrees of fault, severity of events, and characteristics of the specific case are taken into account.

For example, physical violence, severe insults, infidelity, or behaviors damaging a person's honor and dignity can form the basis for a claim for moral compensation.

However, compensation is not automatically awarded in every divorce lawsuit. The legal conditions must materialize and the request must be put forward in accordance with the procedure.

47. Can WhatsApp messages be used as evidence in a divorce lawsuit?

Yes. WhatsApp messages can be used as evidence in divorce lawsuits, provided that they have been obtained in a lawful manner.

The content of the messages can be important in proving behaviors violating the obligation of loyalty, insults, threats, psychological violence, or other events fundamentally shaking the marital union.

However, the issue that must be paid special attention to here is the method by which the evidence was obtained.

In the decision of the 2nd Civil Chamber of the Court of Cassation (Yargıtay) dated March 14, 2024, numbered 2023/5012 E. and 2024/1780 K., correspondences obtained without knowledge via the spouse's WhatsApp Web session were evaluated within the scope of unlawful evidence.

Therefore, entering a spouse's phone without permission, cracking their password, or secretly accessing their account can lead to legal problems.

My advice to our citizens is not to resort to unlawful methods while gathering evidence and not to act without evaluating the legal nature of the records in their possession.

48. Is it lawful to secretly examine a spouse's phone?

Being a spouse does not grant the right to interfere without limitation in the private life and communication of the other spouse.

Cracking the phone's password without permission, reading messages secretly, copying private correspondence, or installing spyware on the phone can constitute unlawfulness.

These behaviors can also be evaluated in terms of crimes such as violation of the confidentiality of communication, violation of the privacy of private life, or unlawful acquisition of personal data, according to the characteristics of the specific case.

In the decisions of the Court of Cassation (Yargıtay) regarding digital evidence, under what conditions the evidence was obtained is also important.

I would like to emphasize importantly that the fact that a piece of evidence can be used in a divorce lawsuit does not make its acquisition through unlawful methods legitimate.

49. Can audio and video recordings be used as evidence in a divorce lawsuit?

Audio and video recordings can be evaluated as evidence in a divorce lawsuit in some cases. However, it is not possible to say that every audio or video recording is lawful evidence.

Where, when, under what conditions, and for what purpose the recordings were obtained are important.

For example, placing a hidden camera or voice recording device in the shared residence without the spouse's knowledge can bring up the problems of violation of the privacy of private life and unlawful evidence.

In contrast, in exceptional cases where there is no other possibility to prove a sudden attack or threat directed against the person, the legal evaluation of recordings made can be different. However, it is not possible for this to be automatically accepted as lawful in every case either.

Therefore, conducting a legal evaluation before recordings are taken is important in terms of preventing individuals from suffering a loss of rights both in terms of evidence and criminal law.

50. How long must one wait to remarry after the divorce decision is finalized?

After the finalization of the divorce decision, spouses can, as a rule, remarry. However, there is a waiting period regulated for women in Article 132 of the Turkish Civil Code.

This period is 300 days starting from the finalization of the divorce decision.

However, this period does not have to be applied in every case. In the event that it is understood that the woman is not pregnant from her previous marriage or if she wishes to remarry her divorced spouse, the court can remove this period.

Additionally, if birth has occurred, the waiting period comes to an end.

An application must be made to the family court for the removal of the waiting period.

The purpose of this regulation is to prevent possible legal confusion regarding the determination of lineage.

Therefore, upon the finalization of the divorce decision, the same legal conditions are not applied to men and women in terms of remarrying.