HOW MANY TYPES OF DIVORCE CASES ARE THERE? There are 2 types of divorce cases. Contested and uncontested

HOW MANY TYPES OF DIVORCE CASES ARE THERE? There are 2 types of divorce cases. Uncontested and contested divorce cases. An uncontested divorce is a case that ends in a single hearing where the parties have reached an agreement on all matters. A contested divorce is a case filed when the parties cannot agree on matters of divorce, alimony, pecuniary and non-pecuniary damages, and custody. ARE THE DURATIONS OF THESE CASES VERY LONG? The duration of each case varies depending on the workload of the court, the collection of evidence in the file, and the notification process. However, to give an average duration: an uncontested divorce case lasts 1 month, while a contested divorce case lasts 1.5 years. WHAT ARE THE GROUNDS FOR DIVORCE? In the Turkish Civil Code, grounds for divorce are divided into two: GENERAL AND SPECIAL GROUNDS. General grounds for divorce refer to the breakdown of the marital union, known in the old code as severe incompatibility. Special grounds for divorce are: Adultery, attempt on life, insulting or degrading behavior, committing a crime and leading a dishonorable life, abandonment, and divorce due to mental illness. WHICH GROUND IS MOST FREQUENTLY USED TO FILE FOR DIVORCE? We file the most cases based on the general ground of divorce, which is severe incompatibility. HOW IS VIOLENCE DEFINED IN THE LAW? Violence refers to any attitude or behavior in social, public, or private spheres—including physical, sexual, psychological, or economic aspects—that results in or is likely to result in physical, sexual, psychological, or economic harm or suffering, as well as threats, pressure, or the arbitrary deprivation of freedom. WE HEAR THAT VIOLENCE IS VERY COMMON IN OUR COUNTRY. APART FROM FILING FOR DIVORCE, WHAT OTHER LEGAL REMEDIES CAN VICTIMS OF VIOLENCE PURSUE? Under the Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women, they can request protection and restraining orders. You can request that the person who committed the violence: • Move out of your home/workplace and be prevented from approaching you. • Be prevented from damaging your personal belongings and household items. • Be prevented from disturbing you via phone/e-mail/social media or other means of communication. • Have their weapon confiscated, if applicable. • Not use alcohol or drugs/stimulants where you are located, or not approach you while under the influence; if they have an addiction, you can request that they undergo medical examination and treatment, including hospitalization. In addition to these: • You can request to go to a shelter. • You can request temporary protection. • You can request that your identity/address/and all other information be concealed or changed in official records. • You can request to benefit from temporary financial aid and health services. WHERE CAN A PROTECTION AND RESTRAINING ORDER BE OBTAINED? A victim of violence can obtain a protection and restraining order by applying to the Public Prosecutor's Office, Family Court, Police Station, Gendarmerie, Governor's Office, or District Governor's Office. HOW MANY DAYS DOES IT TAKE FOR A PROTECTION AND RESTRAINING ORDER TO BE ISSUED? Requests for protection and restraining orders are usually issued on the same day or within 1-2 days of the application, although this varies depending on the workload of the courts/administrative authorities. WHAT IS THE DURATION OF A PROTECTION AND RESTRAINING ORDER, AND CAN IT BE EXTENDED IF NECESSARY? A protection and restraining order can be issued for a maximum of 6 months. However, in cases where it is understood that violence or the danger of violence persists, the judge may, ex officio or upon the request of the protected person, decide to change the duration or form of the order, cancel it, or continue it as is. WHAT HAPPENS IF THE PERPETRATOR OF VIOLENCE DOES NOT COMPLY WITH THE PROTECTION AND RESTRAINING ORDER? (AYLİN) In the event of non-compliance with the protection measures defined in Law No. 6284, the judge may order coercive imprisonment for 3 to 10 days. For each repetition of a breach of the order, the duration of coercive imprisonment will range from 15 to 30 days, depending on the nature of the breached measure and the severity of the violation. However, the total duration of coercive imprisonment cannot exceed 6 months. BESIDES OBTAINING A PROTECTION AND RESTRAINING ORDER, WHAT OTHER APPLICATIONS CAN VICTIMS OF VIOLENCE MAKE? (AYLİN) They can go to the Public Prosecutor's Office to report crimes such as insult, threat, assault, or whatever offenses they have been subjected to, and demand the punishment of the suspects under the Turkish Penal Code (TCK) and request that a criminal case be opened against them. IS THE PARTY WHO FILES FOR DIVORCE FIRST AT AN ADVANTAGE? There is a common belief that the person who files for divorce first is at an advantage, but being the first to file does not provide any advantage. If one spouse files for divorce, the other spouse has the right to file a counter-suit. What matters is that the parties prove their claims with evidence that is legally admissible. WHAT IS ILLEGAL EVIDENCE? IS THERE A PENALTY IF WE DO NOT SUBMIT LEGALLY ADMISSIBLE EVIDENCE? Illegal evidence can be defined as any evidence obtained in violation of criminal procedure law norms. Illegal evidence cannot be used as a means of proof to resolve a dispute. For example: recording audio or video without a person's consent, hiring a detective to follow someone, or accessing personal data without consent, such as accessing health records using an e-government password. There is, of course, a penalty for this. A criminal case will be opened against you, and the court will not base its judgment on such evidence. SO, WE HAVE FILED FOR DIVORCE WITH LEGALLY ADMISSIBLE EVIDENCE. WHAT CAN WE REQUEST FROM THE JUDGE? We can make requests regarding alimony, pecuniary and non-pecuniary damages, custody of the common child, the return of gold jewelry/gifts (ziynet), and the division of property. In case of non-payment of alimony, enforcement proceedings regarding the alimony debt must be initiated. WHAT HAPPENS IF ALIMONY IS NOT PAID DESPITE ENFORCEMENT PROCEEDINGS? A case is filed with the Enforcement Criminal Court due to the non-payment of at least 3 months of alimony. This is a criminal case. If alimony is still not paid despite this case, the court orders coercive imprisonment for the alimony debtor for a period not less than 3 days. HOW DOES THE JUDGE DECIDE ON CUSTODY? Based on the principle of the best interests of the child, the judge orders a report from an expert psychologist. The social and economic conditions of the mother and father are investigated. The issue of who will have custody of the child is determined as a result of these investigations. WHAT SHOULD BE DONE IF THE PARTY WITHOUT CUSTODY KIDNAPS THE COMMON CHILD? The court determines visitation days for the child, especially on weekends and public holidays, taking into account the appropriate time intervals for both parents. The mother and father must adhere to these days. However, sometimes, due to problems between them, parents refuse to show the children to the other party on visitation days or even take the children and "kidnap" them to another city or country. In this case, an application for the delivery of the child is made to the enforcement office. If the child still cannot be found, a child abduction case is filed. WHAT SHOULD BE DONE IF ONE OF THE SPOUSES WANTS A DIVORCE BUT THE OTHER DOES NOT? If the parties cannot agree on a divorce, the spouse who wants to divorce has the right to file a contested divorce case. The spouse who will file the case can prepare a petition containing the grounds for divorce and the request for divorce and apply to the relevant court. IS IT MANDATORY TO HIRE A LAWYER FOR A DIVORCE CASE? Everyone can manage their own legal dispute without lawyer support and can file their own case. 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 legal process. As in any business, it is necessary to consult an expert in lawsuits and get support on what path to follow. CAN AN UNCONTESTED DIVORCE TURN INTO A CONTESTED ONE? If, after an uncontested divorce case is filed, both spouses or one of the spouses waives the matters they agreed upon regarding the divorce or the elements dependent on 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 an uncontested divorce case upon the request of both parties while the case is being heard. CAN AN EMOTIONAL BOND BE ESTABLISHED WITH SOMEONE ELSE WHILE THE DIVORCE CASE IS ONGOING? The parties are officially married until the court's decision regarding their divorce becomes final. Therefore, 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 their obligation of loyalty. WHAT LEGAL REMEDIES ARE TAKEN IN CASE OF VIOLATION OF THE OBLIGATION OF LOYALTY? This situation is discussed at the Family Court where the divorce case is being heard while the defect ratios of the parties are being determined. In addition, in cases of such infidelity, the betrayed spouse often commits crimes such as insult, threat, or violation of the law on the protection of personal data by reacting emotionally towards the other woman or man. For this reason, a criminal complaint is filed with the Prosecutor's Office for these crimes, and if there is a danger of violence, a protection and restraining order is requested under Law No. 6284. HOW IS INFIDELITY PROVEN IN A DIVORCE CASE? If there is a suspicion that one of the spouses has violated the obligation of loyalty, it can be proven with any evidence, provided that it is legally admissible. The spouse who wants to prove infidelity can present witnesses, phone call records, hotel records, messages, or photos as evidence. ARE AUDIO RECORDINGS, VIDEOS, AND FACEBOOK/WHATSAPP MESSAGES CONSIDERED EVIDENCE? The party who wants to prove their claims in a case must present legally admissible evidence to the court. If they present illegal evidence, the court will neither use it as a basis for its judgment nor will it be committing a crime. Therefore, if a person's audio recordings, videos, Facebook, and Whatsapp messages are obtained without the person's consent, they will have committed the crime of violating the privacy of private life.