{"id":148,"date":"2022-08-18T09:00:00","date_gmt":"2022-08-18T09:00:00","guid":{"rendered":"https:\/\/utuhukuk.com\/cekismeli-bosanma-davasi\/"},"modified":"2026-10-02T13:06:52","modified_gmt":"2026-10-02T10:06:52","slug":"contested-divorce-case","status":"publish","type":"post","link":"https:\/\/utuhukuk.com\/en\/cekismeli-bosanma-davasi\/","title":{"rendered":"Divorce Cases (Contested Divorce)"},"content":{"rendered":"<div class=\"pm\" data-utu-pm=\"1\">\n<p class=\"pm-giris\"><strong>Before a contested divorce action<\/strong> is brought, it is important to know the grounds for divorce, the competent court and the consequences of the action. Marriages that begin with great hopes and dreams may sometimes end in divorce. Normally, all individuals marry with the intention that the marriage will last a lifetime.<\/p>\n<aside class=\"pm-ozet\" aria-label=\"In brief\">\n<p class=\"pm-etiket\">In brief<\/p>\n<ul>\n<li>Divorce is the termination of a valid marriage by court decision on the grounds and conditions provided by law; the grounds for divorce are regulated in Articles 161-166 of the Turkish Civil Code (TMK).<\/li>\n<li>Divorce cases are heard by the Family Court; the court with territorial jurisdiction is that of the place of residence of either spouse or of the place where they have lived together for the last six months.<\/li>\n<li>The article discusses, among the types of contested divorce case, the fundamental breakdown of the marital union (Article 166\/1 TMK); this requires both the breakdown of the union and the common life having become unbearable.<\/li>\n<li>Either spouse may bring the action; however, according to the article, the claimant must not be wholly at fault, and the defendant must be found at fault, even if only slightly.<\/li>\n<li>Together with the divorce, the court rules on maintenance, custody, pecuniary and non-pecuniary compensation and, where applicable, jewellery; in custody disputes a pedagogue's assessment is ordered.<\/li>\n<\/ul>\n<\/aside>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Currency note<\/p>\n<p>This article was prepared in accordance with the legislation and practice in force on its date of publication. The statistics, litigation costs and trial durations in the article relate to that date; these matters and judicial practice may have changed. You are advised to consult a lawyer for the current position.<\/p>\n<\/div>\n<details class=\"pm-ic\" open>\n<summary>Contents<\/summary>\n<ol>\n<li><a href=\"#bosanma-nedir\">What is divorce?<\/a><\/li>\n<li><a href=\"#kanuni-dayanak\">Legal basis and competent court<\/a><\/li>\n<li><a href=\"#bosanma-sebepleri\">Grounds for a contested divorce action<\/a><\/li>\n<li><a href=\"#temelden-sarsilma\">Irretrievable breakdown of the marriage<\/a><\/li>\n<li><a href=\"#siddet-turleri\">Types of violence regarded as grounds for divorce<\/a><\/li>\n<li><a href=\"#sure-masraf\">Duration and cost of the action and lawyer\u2019s fees<\/a><\/li>\n<li><a href=\"#nafaka-velayet\">Nafaka, velayet ve tazminat talepleri<\/a><\/li>\n<li><a href=\"#ornek-dilekce\">Sample petition<\/a><\/li>\n<li><a href=\"#kaynak\">Source used<\/a><\/li>\n<li><a href=\"#sss\">Frequently asked questions<\/a><\/li>\n<li><a href=\"#iletisim\">Consultation request<\/a><\/li>\n<\/ol>\n<\/details>\n<section id=\"bosanma-nedir\">\n<h2>What Is Divorce?<\/h2>\n<p>Over time, however, one or both of the married partners may come to engage in words and conduct that prevent married life from working. As a result, domestic arguments and tensions arise from time to time, followed by divorce.<\/p>\n<p class=\"pm-tanim\"><strong>Divorce<\/strong> is the termination, by court decision, of a validly concluded marriage during the lifetime of the spouses on the grounds and conditions provided for by law. <em>(Bo\u015fanma Hukuku [Divorce Law], \u00d6.U. Gen\u00e7can)<\/em><\/p>\n<p>Dozens of factors, such as people becoming increasingly individualistic, a reduced need for others, the gradual weakening of traditions in society, economic and social developments, the spread of communication and of social media in particular, and the reduction of social pressure on marriages as divorce becomes increasingly accepted as normal in society&#8230;, are increasing divorce rates in society.<\/p>\n<p>According to T\u00dc\u0130K (Turkish Statistical Institute) data, while the number of marriages in 2020 was 487,270, the number of divorce cases filed in the same year was almost half that figure, at 246,561.<\/p>\n<\/section>\n<section id=\"kanuni-dayanak\">\n<h2>Legal Basis of Divorce and the Competent Court<\/h2>\n<p>Divorce is regulated in the Second Chapter of the Turkish Civil Code, and the grounds for divorce are set out in Articles 161-166.<\/p>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Competent court in divorce proceedings<\/p>\n<p>Divorce cases are heard by the Family Court; in places where there is no Family Court, the Civil Courts of First Instance decide in their capacity as Family Court.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Yetki<\/p>\n<p>In divorce or separation cases, the court with territorial jurisdiction is the court of the place of residence of either spouse or of the place where they last lived together for six months before the case.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"bosanma-sebepleri\">\n<h2>Grounds for a Contested Divorce Case<\/h2>\n<p>The grounds for divorce can be examined under two main headings: general and special grounds for divorce. In addition, we will address the type of divorce known as Uncontested Divorce in a separate article.<\/p>\n<p class=\"pm-tablo-baslik\" id=\"tablo-ozel\">The contested and special grounds for divorce may be listed as follows:<\/p>\n<div class=\"pm-tablo-kap\">\n<table class=\"pm-tablo\" aria-labelledby=\"tablo-ozel\">\n<thead>\n<tr>\n<th scope=\"col\">Ground for divorce<\/th>\n<th scope=\"col\">Foundations<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>1-Divorce on Grounds of Adultery<\/td>\n<td>(TMK. 161. Madde)<\/td>\n<\/tr>\n<tr>\n<td>2-Divorce on Grounds of Attempt on Life<\/td>\n<td>(TMK. 162)<\/td>\n<\/tr>\n<tr>\n<td>3-Divorce on Grounds of Very Ill Treatment<\/td>\n<td>(TMK. 162)<\/td>\n<\/tr>\n<tr>\n<td>4-Divorce on Grounds of Degrading Conduct<\/td>\n<td>(TMK. 162)<\/td>\n<\/tr>\n<tr>\n<td>5-Divorce on Grounds of Committing an Offence<\/td>\n<td>(TMK. 163)<\/td>\n<\/tr>\n<tr>\n<td>6-Divorce on Grounds of Leading a Dishonourable Life<\/td>\n<td>(TMK. 163)<\/td>\n<\/tr>\n<tr>\n<td>7-Divorce on Grounds of Desertion<\/td>\n<td>(TMK. 164)<\/td>\n<\/tr>\n<tr>\n<td>8-Divorce on Grounds of Mental Illness<\/td>\n<td>(TMK. 165)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<p class=\"pm-tablo-baslik\" id=\"tablo-genel\">The general grounds for divorce, in turn, are regulated in Article 166 of the TCC. These are:<\/p>\n<div class=\"pm-tablo-kap\">\n<table class=\"pm-tablo\" aria-labelledby=\"tablo-genel\">\n<thead>\n<tr>\n<th scope=\"col\">Ground for divorce<\/th>\n<th scope=\"col\">Foundations<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>1-Divorce on Grounds of Irretrievable Breakdown of the Marriage (Severe Incompatibility)<\/td>\n<td>(TMK. 166\/1)<\/td>\n<\/tr>\n<tr>\n<td>2-Uncontested Divorce<\/td>\n<td>(TMK. 166\/3)<\/td>\n<\/tr>\n<tr>\n<td>3-Divorce on Grounds of De Facto Separation<\/td>\n<td>(TMK. 166\/4)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n<p>In this article, we will focus on divorce cases on the ground of Irretrievable Breakdown of the Marital Union (Severe Incompatibility), the most common of the grounds for divorce.<\/p>\n<\/section>\n<section id=\"temelden-sarsilma\">\n<h2>Fundamental Breakdown of the Marital Union<\/h2>\n<p>Article 166\/1 of the TCC (Law No. 4721):<\/p>\n<p><em>&#8220;Where the marital union has been so fundamentally shaken that the spouses cannot be expected to continue their common life, either spouse may file for divorce.&#8221;<\/em> as provided above.<\/p>\n<p>For the provision of Article 166\/1 of the TCC (Law No. 4721) to apply, two conditions must be met together: the marital union must have been fundamentally shaken, and common life must have become unbearable.<\/p>\n<ol class=\"pm-sirali\">\n<li>Irretrievable breakdown of the marriage<\/li>\n<li>Shared life becoming intolerable<\/li>\n<\/ol>\n<p>The fact that the parties have not come together, have not lived together, the reasons and motives for the marriage (such as a posting), the absence of a wedding ceremony or the absence of sexual relations do not prevent a divorce decision.<\/p>\n<p>Either spouse may file a divorce case. It does not matter whether the spouse filing the case is at fault.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Kusur durumu<\/p>\n<p>However, it should not be overlooked that, in an action brought under Article 166\/1 of the TCC (Law No. 4721), the family court judge cannot conduct an investigation of his or her own motion (ex officio) in cases where the defendant has not argued that the claimant is more at fault.<\/p>\n<p>Where the defendant has committed acts that have caused the marital union to break down so fundamentally that the spouses cannot be expected to continue their shared life, divorce may be granted even if the claimant is also found to be at fault. In other words, the claimant must not be entirely at fault, and the defendant must be found at fault, however slightly.<\/p>\n<\/div>\n<\/section>\n<section id=\"siddet-turleri\">\n<h2>Types of Violence Accepted as Grounds for Divorce<\/h2>\n<p>In divorce cases filed on the ground of irretrievable breakdown of the marital union, the conduct that may constitute grounds for divorce includes emotional, economic, physical, sexual, social and visual violence.<\/p>\n<ul class=\"pm-cipler\" aria-label=\"Bo\u015fanma sebebi olu\u015fturabilecek \u015fiddet t\u00fcrleri\">\n<li>Emotional violence<\/li>\n<li>Economic violence<\/li>\n<li>Physical violence<\/li>\n<li>Sexual violence<\/li>\n<li>Social violence<\/li>\n<li>Visual violence<\/li>\n<\/ul>\n<h3>Emotional Violence<\/h3>\n<p>Any words or conduct that cause psychological pain and harm constitute emotional violence. Belittling, accusatory, oppressive, exclusionary, trust-undermining and indifferent behaviour constitutes emotional violence. Examples of emotional violence include mocking a person\u2019s weight, appearance or body parts; humiliating them physically, economically, emotionally and sexually; comparing them with others; disclosing marital and particularly bedroom secrets; disparaging the spouse and what he or she does; accusing the spouse of not being a virgin, of theft, of immoral conduct, of infidelity, of perverse relationships, of cheating or of impotence; insulting the spouse, the joint children or the family; saying that one is tired of the spouse, does not love or does not want him or her; acting oppressively to prevent the spouse from seeing friends, neighbours or relatives; turning the spouse, the children and his or her family out of the home; rejecting or failing to care for stepchildren; showing no interest in the spouse\u2019s health; constantly coming home late or not coming home without reason; keeping photographs of a former spouse or fianc\u00e9(e); and saying that one cannot forget him or her.<\/p>\n<h3>Economic Violence<\/h3>\n<p>Economic violence by the parties towards each other may take various forms. Situations that may be regarded as economic violence include the spouse not working, the wife being prevented from working despite wishing to do so, in particular a professionally qualified wife not being allowed to work, frequently changing jobs by failing to persevere in workplaces, excessive borrowing, causing the home to be subject to attachment, gambling in a manner incompatible with one\u2019s economic situation, failing to provide an independent shared home, removing the household goods from the shared home, cutting off the electricity and water to the home, and failing to pay the rent.<\/p>\n<h3>Physical Violence<\/h3>\n<p>Any conduct that harms the physical integrity of the other spouse is regarded as physical violence. Examples of physical violence include one spouse pushing, hitting, pulling the hair of or beating the other, or remaining silent while the spouse is beaten by relatives.<\/p>\n<h3>Sexual Violence<\/h3>\n<p>In addition to its social purposes, marriage also has the purpose of satisfying sexual desires in a legitimate manner. The spouses should satisfy each other sexually and should have sexual relations at reasonable intervals. The Court of Cassation has regarded the absence of sexual relations for a period of 5 months as a ground for irretrievable breakdown of the marital union. If the wife or husband has a sexually transmitted disease and avoids treatment, this is a ground for divorce. The existence of a permanent cause preventing sexual relations is a ground for divorce. Having or requesting relations by unnatural means, disclosing sexual inadequacy without any therapeutic purpose, engaging in conduct that undermines sexual fidelity such as frequently meeting others, being seen holding hands with someone else, having emotional conversations or exchanging messages with others or bringing someone else into the home, and having sexual relations with someone else may be regarded as sexual violence.<\/p>\n<h3>Social Violence<\/h3>\n<p>Oppressive conduct directed at the spouses\u2019 social life constitutes social violence. Examples of social violence include interfering with the spouse\u2019s style of dress or remaining silent in the face of interference by one\u2019s family, constantly drinking alcohol beyond the ordinary or forcing the spouse to drink, using drugs, exerting pressure on religious matters, engaging in superstitions, cursing, and restricting the spouse\u2019s social relationships.<\/p>\n<h3>Visual Violence<\/h3>\n<p>Improper written or video recordings constitute visual violence. Improper words and conduct in telephone conversations are conduct that may form the subject of a divorce action on grounds of irretrievable breakdown of the marriage.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Evidential value of records<\/p>\n<p>Telephone recordings may be evidence of the irretrievable breakdown of the marriage. However, these recordings must have been obtained lawfully. Likewise, recordings obtained through entrapment have no legal value; for example, messaging the spouse while posing as the spouse\u2019s former friend or partner.<\/p>\n<\/div>\n<p>Attempting to use bedroom recordings contained on a CD is also conduct that may form the subject of a divorce action on grounds of irretrievable breakdown of the marriage.<\/p>\n<\/section>\n<section id=\"sure-masraf\">\n<h2>Duration, Costs and Attorney's Fees of the Case<\/h2>\n<h3>How Long Divorce Actions Take<\/h3>\n<p>Under present conditions, in divorce cases on the ground of irretrievable breakdown of the marital union, which are contested divorce cases, the proceedings at the court of first instance take at least 1 to 1.5 years when everything proceeds smoothly and without delay. This period does not include the appeal and cassation stages. Where the decision of the court of first instance is appealed, the appeal stage takes approximately 6 &#8211; 12 months, while the Court of Cassation stage is completed within 3 &#8211; 6 months.<\/p>\n<h3>Litigation Costs<\/h3>\n<p>For 2021, costs of approximately TRY 400 are charged when a divorce case is filed.<\/p>\n<h3>Lawyer\u2019s Fees<\/h3>\n<p>Although representation by a lawyer is not mandatory in divorce cases, a lawyer\u2019s fee will have to be paid if the case is conducted by a lawyer. The fee is determined for each case according to its content and the specific circumstances.<\/p>\n<p>Under our law, there is no requirement for actions, and accordingly divorce actions, to be conducted by a lawyer. In other words, any natural person who has the capacity to exercise civil rights and is not under legal restriction may bring this action.<\/p>\n<div class=\"pm-not\">\n<p class=\"pm-etiket\">Vekaletname<\/p>\n<p>If the action is to be conducted by a lawyer, the power of attorney drawn up before a notary must specifically confer authority to bring a divorce action and must bear a photograph.<\/p>\n<\/div>\n<p>However, since divorce actions follow a particular procedure and require technical knowledge, it is advisable to obtain legal assistance from a lawyer to avoid any loss of rights.<\/p>\n<\/section>\n<section id=\"nafaka-velayet\">\n<h2>Claims for Maintenance, Custody and Compensation<\/h2>\n<p>In a divorce action, together with the divorce, the court will also rule on maintenance (for the child and the spouse), custody, pecuniary and non-pecuniary damages and, if any, jewellery.<\/p>\n<ul class=\"pm-cipler\" aria-label=\"Bo\u015fanma ile birlikte karar verilen konular\">\n<li>Maintenance (for the child and the spouse)<\/li>\n<li>Velayet<\/li>\n<li>Pecuniary and non-pecuniary damages<\/li>\n<li>Jewellery<\/li>\n<\/ul>\n<p>Jewellery may be claimed separately from the divorce case or together with it.<\/p>\n<h3>Custody and Pedagogical Assessment<\/h3>\n<p>Where there is a dispute over the custody of the child in divorce cases, the court, in accordance with the best interests of the child, also decides with whom the child will stay during the proceedings, to whom custody of the child will be granted at the end of the case, and how personal contact will be established between the child and the spouse not granted custody.<\/p>\n<p>The court will have a pedagogue carry out an assessment on these matters.<\/p>\n<p>These pedagogues attached to the courts carry out the necessary examinations where the child is located, interview the child and the spouses and, as a result, give an opinion on to whom custody of the child should be granted and how personal contact should be established between the child and the spouse not granted custody.<\/p>\n<p class=\"pm-tanim\">To these reports prepared by pedagogues <strong>social investigation report (S\u0130R)<\/strong> in legal terminology.<\/p>\n<h3>Amount of Maintenance and Damages<\/h3>\n<div class=\"pm-ikili\">\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Alimony<\/p>\n<p>In determining the amount of alimony\/maintenance for the spouse and the child, the judge decides by taking into account the social and economic circumstances of the parties.<\/p>\n<\/div>\n<div class=\"pm-kart\">\n<p class=\"pm-etiket\">Pecuniary and non-pecuniary damages<\/p>\n<p>The amount of pecuniary and non-pecuniary damages is determined at the judge\u2019s discretion, taking into account the social and economic circumstances of the parties together with the degree of fault of the parties that caused the divorce.<\/p>\n<\/div>\n<\/div>\n<\/section>\n<section id=\"ornek-dilekce\">\n<h2>Sample Petition<\/h2>\n<p><strong>ANKARA<\/strong><br \/>\n<strong>TO THE DUTY FAMILY COURT<\/strong><\/p>\n<p><strong>CLAIMANT:<\/strong> NAME &#8211; TR ID NO: ADDRESS<\/p>\n<p><strong>DEFENDANT:<\/strong> NAME &#8211; TR ID NO: ADDRESS<\/p>\n<p><strong>SUBJECT:<\/strong> Action for divorce under Article 166 of the TCC, with claims for divorce, maintenance, custody and pecuniary and non-pecuniary damages.<\/p>\n<h3>Explanations<\/h3>\n<p>1- I married the defendant on &#8230;&#8230;.. . From this marriage we have a joint child named &#8230;. , born on &#8230;.. .<\/p>\n<p>2- <strong><em>(The matters giving rise to the filing of the divorce case should be set out in this section.)<\/em><\/strong><\/p>\n<h3>Maddi Tazminat Talebi<\/h3>\n<p>Although I have fully performed all the duties and responsibilities imposed on me by the marital union, there is no longer any possibility of continuing our de facto cohabitation owing to the defendant\u2019s wholly and seriously culpable conduct, swearing and insults, failure to perform the duties of the union, social, physical and economic violence, and approval, by remaining silent, of pressure and interference from the family.<\/p>\n<p>My existing and expected interests have been impaired by the marriage having ended owing to the defendant\u2019s full and serious fault. The amount of compensation corresponding to the expected interests should equal the benefits that the faultless spouse would have obtained within the marital union had there been no divorce. The law does not specify what the existing and expected benefits to be determined when awarding pecuniary damages are; this matter is left to the discretion of the judge. (Article 174\/1 TCC)<\/p>\n<h3>Claim for Non-Pecuniary Damages<\/h3>\n<p>Owing to the divorce, I have also suffered great distress and humiliation, I have been subjected to social, economic, physical and psychological violence throughout the marital union, I have been insulted and degraded, and my personality rights, consisting of moral and legal values protected by the legal order, have been seriously violated. The events caused by the defendant have led to my psychological breakdown.<\/p>\n<p>A breach of the spouses\u2019 duties to live together and to assist one another constitutes an attack on personality rights. The defendant\u2019s acts in the form of swearing and insults, degradation, and social, physical, psychological and economic violence constitute an attack on personality rights and require non-pecuniary damages. (Article 174\/2 TCC)<\/p>\n<h3>Request for Interim and Poverty Maintenance and Custody<\/h3>\n<p>The defendant works as a &#8230;&#8230;. and has a regular salary and income of approximately &#8230;&#8230;&#8230;&#8230; . In addition, the defendant&#8217;s house located in the province of Ankara is let out, and the defendant has rental income of &#8230;&#8230;&#8230;TL.<\/p>\n<p>There is no longer any benefit to the parties, the institution of the family or the public in the legal continuation of a marital union that has ended in fact.<\/p>\n<p><strong>LEGAL GROUNDS:<\/strong> TCC, Code of Civil Procedure, Attorneyship Law and related legislation<\/p>\n<p><strong>EVIDENCE:<\/strong><\/p>\n<p>&#8211; Civil registry records, social and economic status inquiry, income documents,<\/p>\n<p>-Witness statements, telephone and WhatsApp calls, records and images, land registry records, expert examination, telephone call records, photographs, social media posts and images, wedding photographs and their CD&#8217;s, oath and all other lawful evidence.<\/p>\n<p><strong>RELIEF SOUGHT:<\/strong> For the reasons set out and explained above, and in line with the matters to be considered ex officio, I request:<\/p>\n<p>1- That we be divorced pursuant to Article 166\/1 of the TCC,<br \/>\n2- That custody of our joint child &#8230;&#8230;&#8230;&#8230;&#8230;. be awarded to me,<br \/>\n3- That interim maintenance of &#8230;&#8230;&#8230;. TL per month be determined and awarded to me, and that the maintenance so awarded continue as poverty maintenance (yoksulluk nafakas\u0131) after the divorce judgment becomes final,<br \/>\n4- That interim maintenance of &#8230;&#8230;.TL per month be determined and awarded for our joint child, and that the maintenance so awarded continue as child maintenance (i\u015ftirak nafakas\u0131) after the divorce judgment becomes final,<br \/>\n5- That &#8230;&#8230;&#8230;..-TL in pecuniary damages and &#8230;&#8230;&#8230;..-TL in non-pecuniary damages, together with statutory interest, be collected from the defendant, who is wholly and gravely at fault for the breakdown of the marital union, under Article 174\/1-2 of the TCC,<br \/>\n6-I respectfully request that the costs of the proceedings and the attorney\u2019s fees be imposed on the defendant. 01\/01\/2021<\/p>\n<p><strong>Claimant<\/strong><br \/>\n<strong>signature<\/strong><\/p>\n<p><strong>Annexes:<\/strong><br \/>\n1-Family civil registry record of the parties<\/p>\n<\/section>\n<section id=\"kaynak\">\n<h2>Source Used<\/h2>\n<ul class=\"pm-liste\">\n<li><em>Bo\u015fanma Hukuku [Divorce Law], \u00d6mer U\u011fur Gen\u00e7can<\/em><\/li>\n<\/ul>\n<\/section>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-divorce-lawyer\/\">Divorce Lawyer in Ankara<\/a> \u2014 uncontested and contested divorce, custody, maintenance and division of property<\/p>\n<p class=\"pm-dipnot\">Related page: <a href=\"https:\/\/utuhukuk.com\/en\/ankara-child-custody-lawyer\/\">Custody Lawyer in Ankara<\/a> \u2014 custody actions, change of custody and personal relations<\/p>\n<p class=\"pm-dipnot\">Related legislation: <a href=\"https:\/\/www.mevzuat.gov.tr\/mevzuat?MevzuatNo=4721&amp;MevzuatTur=1&amp;MevzuatTertip=5\" target=\"_blank\" rel=\"noopener\">Turkish Civil Code No. 4721<\/a> (mevzuat.gov.tr)<\/p>\n<section id=\"sss\" class=\"pm-sss\">\n<h2>Contested Divorce Action: Frequently Asked Questions<\/h2>\n<details open>\n<summary>Which court hears a contested divorce case?<\/summary>\n<div>\n<p>Divorce cases are heard by the Family Court; where there is no Family Court, the Civil Court of First Instance (Asliye Hukuk Mahkemesi) decides in that capacity. The court with territorial jurisdiction is that of the place of residence of either spouse or of the place where they lived together for the last six months before the action.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>What conditions are required for divorce on the ground of fundamental breakdown of the marital union?<\/summary>\n<div>\n<p>Under Article 166\/1 of the Turkish Civil Code (TMK), the marital union must have fundamentally broken down and the common life must have become unbearable, both at the same time. According to the article, the claimant must not be wholly at fault, and the defendant must be found at fault, even if only slightly.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Which types of conduct may be considered grounds for divorce?<\/summary>\n<div>\n<p>The article groups the conduct leading to the fundamental breakdown of the marital union as emotional, economic, physical, sexual, social and visual violence. For example, pushing, hitting or beating one's spouse is given as an example of physical violence.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Can telephone records be used as evidence in a divorce case?<\/summary>\n<div>\n<p>According to the article, telephone records may be evidence of the fundamental breakdown of the marital union; however, these records must have been obtained lawfully. Records obtained through a set-up have no legal value.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How long does a contested divorce case take?<\/summary>\n<div>\n<p>The article states that, if everything proceeds smoothly, proceedings before the court of first instance take at least 1 to 1.5 years. This period does not include the appeal (istinaf) stage (approximately 6-12 months) or the Court of Cassation stage (3-6 months).<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>Is it mandatory to hire a lawyer for a divorce case?<\/summary>\n<div>\n<p>There is no requirement to be represented by a lawyer in divorce cases. If the case is to be conducted by a lawyer, the power of attorney drawn up before a notary must grant specific authority to file a divorce action and must bear a photograph.<\/p>\n<\/div>\n<\/details>\n<details>\n<summary>How is custody of the child decided in a divorce case?<\/summary>\n<div>\n<p>If there is a dispute over custody, the court decides having regard to the best interests of the child and orders a pedagogue's assessment. The report prepared by the pedagogue after interviewing the child and the spouses is called a social investigation report (S\u0130R).<\/p>\n<\/div>\n<\/details>\n<\/section>\n<section id=\"iletisim\" class=\"pm-form-kap\">\n<div class=\"pm-form-sol\">\n<p class=\"pm-etiket\">Consultation request<\/p>\n<h2>Do you have a question about a divorce action?<\/h2>\n<p>As UTU Hukuk Dan\u0131\u015fmanl\u0131k, we provide legal and advisory services in the field of family law.<\/p>\n<p>Fill in the form and we will call you. You can also contact us directly:<\/p>\n<ul class=\"pm-kanal\">\n<li><a href=\"tel:+905365931600\">+90 536 593 16 00<\/a><\/li>\n<li><a href=\"mailto:bilgi@utuhukuk.com\">bilgi@utuhukuk.com<\/a><\/li>\n<\/ul>\n<\/div>\n<form class=\"pm-form\" data-alan=\"Aile Hukuku\" novalidate action=\"\">\n<div class=\"pm-alan\"><label for=\"pm-ad\">Full name *<\/label><input id=\"pm-ad\" name=\"ad\" type=\"text\" autocomplete=\"name\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-tel\">Phone *<\/label><input id=\"pm-tel\" name=\"tel\" type=\"tel\" autocomplete=\"tel\" inputmode=\"tel\" required><\/div>\n<div class=\"pm-alan\"><label for=\"pm-mail\">Email<\/label><input id=\"pm-mail\" name=\"mail\" type=\"email\" autocomplete=\"email\"><\/div>\n<div class=\"pm-alan\"><label for=\"pm-konu\">Your situation in brief<\/label><textarea id=\"pm-konu\" name=\"konu\" rows=\"4\" placeholder=\"\u00d6rne\u011fin: E\u015fimle bo\u015fanma konusunda anla\u015fam\u0131yoruz, \u00e7eki\u015fmeli bo\u015fanma davas\u0131n\u0131n nas\u0131l ilerleyece\u011fini \u00f6\u011frenmek istiyorum.\"><\/textarea><\/div>\n<div class=\"pm-bal\" aria-hidden=\"true\"><label for=\"pm-web\">Website<\/label><input id=\"pm-web\" name=\"website\" type=\"text\" tabindex=\"-1\" autocomplete=\"off\"><\/div>\n<p><label class=\"pm-onay\"><input name=\"kvkk\" type=\"checkbox\" required> <span>I consent to the processing of my personal data for this request and to being contacted.<\/span><\/label><br \/>\n<button type=\"submit\">Send request<\/button><\/p>\n<p class=\"pm-durum\" role=\"status\" aria-live=\"polite\">\n<input type=\"hidden\" name=\"trp-form-language\" value=\"en\"\/><\/form>\n<\/section>\n<footer class=\"pm-imza\">\n<div class=\"pm-imza-logo\" aria-hidden=\"true\">UTU<\/div>\n<div>\n<p class=\"pm-imza-ad\">UTU Hukuk ve Dan\u0131\u015fmanl\u0131k<\/p>\n<p>Since 2016 it has been providing legal and advisory services in Ankara in many areas, labour law in particular. <a href=\"https:\/\/utuhukuk.com\/en\/family-law\/\">Our family law practice \u2192<\/a><\/p>\n<p class=\"pm-uyari\">This article is for general information only and does not constitute legal advice. You are advised to consult a lawyer about your specific situation.<\/p>\n<\/div>\n<\/footer>\n<\/div>","protected":false},"excerpt":{"rendered":"<p>Marriages that begin with great hopes and dreams can sometimes end in divorce. Normally, all individuals marry with the intention that the marriage will last\u2026<\/p>","protected":false},"author":1,"featured_media":379,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"elementor_canvas","format":"standard","meta":{"footnotes":""},"categories":[11],"tags":[],"class_list":["post-148","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-aile-hukuku"],"_links":{"self":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/148","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=148"}],"version-history":[{"count":7,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/148\/revisions"}],"predecessor-version":[{"id":818,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/posts\/148\/revisions\/818"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media\/379"}],"wp:attachment":[{"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=148"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=148"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/utuhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}