We can define divorce as the termination of the marriage union with a judge’s decision as a result of a lawsuit filed by someone, based on a reason stipulated in the law, while the spouses are alive. In order for the judge to decide on divorce, at least one of the spouses must have filed for divorce. At the same time, the subject of the divorce case must be based on one of the reasons written in the law.
Contested Divorce Case
A Contested Divorce is a divorce where the spouses cannot come to an agreement. These are the cases where the spouses cannot come to an agreement on at least one of the issues of custody, compensation and alimony. The parties express their claims, demands and defenses before the court regarding these issues that they cannot come to an agreement with.
In addition, there is a contentious divorce in marriages that do not exceed 1 year.
How to File a Contested Divorce Case?
A contested divorce case is filed in the Family Court. One of the parties wishing to divorce can file a divorce case by attaching two copies of the petition, the documents it wishes to attach, if any, and a photocopy of the identity card. Thus, the divorce process is considered to have begun.
Divorce is stipulated in the Turkish Civil Code, and in order for the divorce to take place, there must first be some general conditions. The first of these is the condition that there is a valid marriage between the parties. Secondly, one of the reasons for divorce listed in the law must have occurred. The last condition is that the decision of the judge for divorce, that is, the court, must be.
The court authorized to hear the contested divorce case is determined as follows:
• A divorce case can be filed in the family court of the defendant’s place of residence.
• A divorce case can be filed in the family court of the plaintiff’s settlement.
• The spouses who want to divorce can file a divorce case in the family court in the place where they have resided for the last 6 months.
• In places where there is no family court, it can be opened in the Civil Court of First Instance.
We would like to point out that it is of great importance that the case is opened and followed by a divorce lawyer, since the procedural rules must be observed in divorce cases.
How to Write a Contested Divorce Petition?
Since the petition for a contested divorce case, the reason for the divorce, the special situation of the person, the demands of the person, the evidence situations are prepared specifically for the person and the case, it is impossible to give information about a “contested divorce petition sample” suitable for every case and case.
The petition for a contested divorce petition, the reasons for incompatibility and related evidence, the number of children, the age of the children, the request for custody, alimony and compensation must be stated in the petition. Since these issues will change the course of your case, it is of great importance that you write them very carefully, completely and in accordance with the law so that you do not lose your rights.
How Long Does a Contested Divorce Case Take?
In a contested divorce case, the duration of the case may be extended or shortened depending on the nature of the case. The most important issue in this regard is to follow the case meticulously with correct legal information, without missing the legal deadlines. Demanding processes such as reporting of evidence and witnesses, expert examination, research on property regime, discovery at the right time will play a major role in shortening the duration of the lawsuit. On average, a contested divorce case is concluded between 1.5 and 3 years.
Do the Parties Have to Attend the Hearing?
The parties are not obliged to attend the hearing in person if there is a lawyer who is represented by the parties. In a contested divorce case, a divorce can be made through a lawyer without the parties participating.
What are the Causes of Contested Divorce?
According to the Turkish Civil Code, the reasons for filing a contested divorce case are listed as follows:
• Intention to life, very bad or dishonorable behavior
• Committing a crime and leading a dishonorable life
• mental illness
• Shaking of the marital union
Can an Ongoing Contested Divorce Case Be Converted to an Uncontested Divorce?
It is possible to decide on the ongoing contested divorce case as an uncontested divorce. For this, the parties must declare the matters on which they have agreed to the court that is being heard. The only condition for a contested divorce case to be converted into an uncontested divorce is that the marriage union lasts for at least one year.