These days, marriages often lack the solid foundations they once had, or people's tolerance for each other has decreased significantly, leading to a sharp rise in the rapid dissolution of marriages. The pandemic further exacerbated this trend, as many couples became more aware of their issues but couldn't face them, resulting in an exponential increase in divorces after that period. When individuals decide they no longer want to continue their marriage, they often take the matter to court by filing for divorce. In these cases, carefully determining and presenting evidence and demands becomes crucial for a fair resolution.
Under Turkish Civil Law, divorce cases fall into two categories: uncontested and contested. In this article, I will provide general information about contested divorce cases, how to file one, and the importance of hiring a lawyer.
What is a Contested Divorce Case?
A contested divorce case occurs when one or both sides cannot agree on the divorce. In short, a contested divorce case arises in the following situations:
- One side wants a divorce, but the other does not.
- The sides disagree on the legal consequences of the divorce, such as alimony, custody, compensation, or property division.
In these cases, filing a contested divorce case becomes necessary.
How to File a Contested Divorce Case?
One of the sides may start a contested divorce by submitting a petition to the family court in the city where they live or where the family house has been for the last six months. Or, they can allow a divorce lawyer through a power of attorney to file on their behalf, officially starting the divorce process. After the appeal is filed, the court notifies the defendant's spouse about the case. The burden of proof lies with the party filing for divorce, meaning they must prove the grounds for divorce to the court.
What are the Reasons for Divorce?
The reasons for divorce are divided into 2 categories: special and general.
Special reasons for divorce;
- Adultery (Deception)
- Castration of Life Very Bad or Disgraceful Behavior
- Living without Dignity and Committing Crimes
- Mental Illness
- Abandonment
General reasons for divorce;
- Fundamental Disruption of the Marriage Union
- Common Life Becomes Unbearable
- Severe Incompatibility
- Actual Breakup
The side filing for divorce risks losing the case if the reasons for divorce are incorrect. Therefore, it is crucial to accurately identify and present the reason for the divorce.
In which Court is a Contested Divorce Case Filed?
A contested divorce case is filed in the Family Court. If there is no Family Court in the location where the parties live, the Civil Court of First Instance will hear the case.
What are the Stages of a Contested Divorce Case?
Once the divorce application is filed, the case enters the petition phase, beginning with the notification of the petition to the defendant. After this phase is completed, the court issues a tension memorandum to determine the date for the preliminary examination trial, which is then notified to the parties or their lawyers. The initial examination stage begins at this hearing, where the parties request time to present their witnesses and evidence. That initiates the investigation stage of the divorce case. During the investigation stage, witnesses are heard, evidence is examined, and both sides work to prove their claims and defenses. If an expert opinion is required, the file is sent to an expert who prepares a report. Finally, the case enters the judgment phase, where the court conducts its final evaluations and issues its decision.
What are the Required Documents for a Contested Divorce Case?
To file for divorce, you must first prepare a divorce petition and attach a photocopy of your identity card. The evidence and witness list can be added later in the case. If the case is uncontested, the documents must include the uncontested divorce protocol. The side filing for divorce should submit these documents to the dispatch office in the courthouse. Once the necessary documents are provided and the fees are paid, the contested divorce case can proceed.
When is the First Trial in a Contested Divorce Case?
Contentious divorce cases, where the parties cannot agree, take significantly longer than uncontested cases. The first hearing usually occurs at least 2 to 3 months after the petition is submitted to the court.
How Long Does a Contested Divorce Case Take?
Contested divorce cases generally take much longer to resolve than uncontested ones. On average, they are concluded within 1.5 to 2 years.
Can a Contested Divorce Case Turn into an Uncontested Divorce Case?
During this lengthy process, spouses may reach an agreement on the terms of divorce and its consequences. If this happens, the parties can prepare and sign an uncontested divorce protocol. By submitting this protocol to the court where the contentious divorce case is ongoing, they can hurry the process and get a divorce in a shorter time.
Is It Mandatory to Hire a Lawyer in Contested Divorce Cases?
It’s important to note that hiring a lawyer in divorce cases is not mandatory. Although commonly referred to as "divorce lawyers," there is no legal distinction in our system between a divorce lawyer and a criminal lawyer. Some lawyers gain recognition as criminal lawyers due to their experience in criminal cases, while others are known as divorce lawyers because of their success in handling divorce cases. However, when a divorce process is not overseen by a lawyer, it can lead to potential losses of rights in the future. For this reason, I recommend that you manage the case with the best lawyer who is an expert in the field to avoid any victimization, particularly in matters like alimony, custody, and property division.