In the Republic of Turkey, the only legal way to terminate a union of marriage is through divorce proceedings. According to the Turkish Civil Code No. 4721 (TMK), divorce cases can be filed in two ways: contested and uncontested (mutual consent) divorce. In this article, we will discuss uncontested divorce cases, where spouses can quickly and easily achieve their goals by reaching an agreement on divorce matters.
An uncontested divorce case is a type of case where spouses terminate their marriage by agreeing on all the consequences of divorce. Spouses are required to document the subjects they have agreed upon regarding the consequences of divorce in a Divorce Protocol. The Divorce Protocol may include decisions on the custody of joint children, the amount of alimony to be paid, the division of property acquired during the marriage, and material or moral compensation matters. After reaching an agreement and documenting it in the Divorce Protocol, spouses can initiate the divorce process by mutually signing it. Uncontested divorce cases can be filed jointly by the spouses, or if one spouse files for divorce, the other spouse can agree to it. When filing the lawsuit, the Divorce Protocol must be attached to the petition, and the original signed copy must be submitted to the court by the date of the hearing.
Although the parties have the freedom to reach an agreement on the consequences of divorce, the judge presiding over the case must find the sections of the Divorce Protocol concerning joint children to be in the best interests of the children. The judge may make changes if deemed necessary. If the parties agree to these changes, the divorce will proceed accordingly.
However, there are certain conditions set by law for an uncontested divorce to take place. Article 166/3 of the Turkish Civil Code regulates the conditions for uncontested divorce. According to this article:
- The marriage must have lasted for at least 1 year.
Spouses must have been married for at least 1 year from the date of their official marriage registration in order to be eligible for uncontested divorce. The legislator aimed to protect families by establishing this requirement.
- Each spouse must personally attend the hearing and declare their intention to divorce before the judge.
Although uncontested divorce cases offer a quick and easy way to divorce, each spouse must be present at the hearing scheduled by the court after the divorce case is filed. The judge will personally listen to the spouses and ask them whether they accept the conditions of divorce.
Where Should an Uncontested Divorce Case Be Filed?
There is no restriction on where uncontested divorce cases should be filed. Spouses can file for uncontested divorce from any place where they are registered residents.
How Long Does an Uncontested Divorce Case Take?
The duration of uncontested divorce cases varies depending on the city and court where they are filed. In places where the workload of the Family Courts is not heavy, divorce can be finalized within approximately 1-1.5 months after the filing. In some areas, it can progress even faster.
Can I Continue to Use My Ex-Husband’s Surname After Divorce?
Explicit permission from the divorced husband is required to continue using the surname of the exhusband. In uncontested divorce cases, it is important for spouses who wish to continue using their ex-husband’s surname to have this stated in the court decision.
What Is the Limit for Alimony I Can Request? How Is the Alimony Amount Determined?
In Turkish law, each party is required to pay alimony proportionate to their economic capacity. Therefore, while there is no specific limit, the economic situation of the other spouse is taken into account when determining the alimony amount. Additionally, if alimony is to be paid to one of the spouses for the benefit of the children, the amount is determined based on their needs.
