How to File a Contested Divorce Case in Turkey — Process and Duration

A contested divorce case is one in which the spouses cannot agree on the divorce or on its financial and child-related consequences, and the court examines the parties' claims and evidence in detail.

Grounds for a Contested Divorce

Under Article 161 et seq. of Turkish Civil Code No. 4721, a case may be filed on one of the specific or general grounds for divorce, such as adultery, attempt on life, severe cruelty or humiliating treatment, desertion, mental illness, and irretrievable breakdown of the marriage. Irretrievable breakdown is the most commonly relied-upon general ground in practice.

The Case Process and Its Stages

The case begins when the petition is filed with the family court; the other party is served, response and reply petitions are exchanged, and preliminary and evidentiary hearings follow. Witnesses are heard and, where necessary, an expert examination is ordered (such as an asset valuation or a social investigation report for custody).

Case Duration

Contested divorce cases in practice are generally concluded within three to five hearings, though the first hearing may not take place until around five to six months after filing, and first-instance proceedings can take one to one-and-a-half years depending on the file's complexity. If the case goes to appeal, the total process can reach two to two-and-a-half years.

Interim Measures Available During the Case

While the case is pending, either party may ask the court for temporary measures effective until the end of the case, such as interim alimony, arrangements for personal contact with the child, and an order excluding the other spouse from the family home.

Converting a Contested Divorce Into an Uncontested One

If the parties reach agreement on all the consequences of the divorce (property division, alimony, custody, damages) during the proceedings, the case can be converted into an uncontested divorce and concluded in a much shorter time.

Practical Recommendations

Before filing suit, systematically gather evidence supporting your ground for divorce (correspondence, witness list, asset documents); do not overlook the interim measures that can be requested while the case is pending.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.