TO CONTACT NOW: 0 541 485 92 48


1-)How to File a Divorce Case? How Does the Process Work?

In case of the existence of the reasons for divorce listed in the law, a divorce case is filed when one of the spouses submits a petition to the authorized Family Court and pays the necessary fees. Thereupon, the petition is served to the defendant spouse. The petitions phase is completed with the reply petition to be given by the defendant spouse, the petition to reply to the response of the plaintiff and the second reply petition to be submitted by the defendant, and the parties are called to the hearing by determining the date of preliminary examination and investigation by the Court. During the investigation phase, the evidence submitted by the parties is collected, the witnesses are heard, and the Court evaluates the collected evidence and makes its final decision.

2-) Which is the Competent and Competent Court?

The court responsible for the divorce case is the Family Court. If the competent court;

  • Domicile of one of the spouses or
  • It is regulated by the Civil Code that the spouses have lived together for the last 6 months.

3-) How Much Are Litigation Costs?

With the Fees Law No. 492, litigation costs are published every year, and the sum of litigation fees and notification costs is currently around 500.00 TL – 750.00 TL.

However, persons who are unable to pay the fees and expenses necessary for filing a lawsuit can benefit from legal aid, provided that their “demand is not manifestly ill-founded”. The legal aid request of the spouse who proves that their financial situation is not sufficient to pay the fees with the documents to be attached to the petition is accepted and it is decided to be temporarily exempted from the litigation expenses required by the case.

4-) What are the Reasons for Divorce?

Reasons for divorce in the Civil Code;

  • Adultery,
  • Intention to Life, Very Bad or Degrading Behavior,
  • Committing a crime and leading a dishonorable life,
  • abandonment,
  • Mental illness,
  • Shaking the Marriage Union,
  • Actual Separation and
  • Counted as an Uncontested Divorce.

Only in the case of an uncontested divorce, the parties declare that they want to divorce with their free will, without giving any reason, and the Court decides to divorce. However, divorce cases other than uncontested divorces are called contested divorces, and in these cases, a reason must be shown and these claims must be proven before the Court.

5-) Can Alimony or Compensation Be Requested in a Divorce Case?

Alimony or compensation can be demanded with the same petition while filing the divorce case. In favor of the spouse who will fall into poverty with the divorce, alimony and participation alimony in favor of the joint child are ruled. If the conditions are present, alimony can be granted to both the spouse who will fall into poverty and the joint child under the name of “measure alimony” even while the divorce case is continuing.

Due to the changes in the financial situations of the parties, the parties can also file a lawsuit to increase, decrease or abolish the amount of alimony, which is decided at the end of the lawsuit.

Likewise, at the end of the lawsuit, it is decided that the spouse who is at fault in the divorce will pay the other spouse material and moral compensation in the amount to be determined by the judge.

6-) Can Custody of a Child Be Requested in a Divorce Case?

Another issue that can be requested with a petition is joint custody of the child. The judge leaves the custody of the child to one of the spouses as a precaution during the case. At the end of the lawsuit, custody is left to one of the spouses, taking into account the defect rates of the parties, their financial situation, and their relationship with the child. It establishes a personal relationship so that the other spouse can meet with the child on certain days and hours.

However, this provision does not constitute a definitive provision in the material sense. Therefore, the other spouse has the right to file a lawsuit for the custody of the child to be left to him, on the grounds that the conditions regarding the custody have changed.

7-) What are the other matters that can be demanded in a divorce case?

Article 169 of the Civil Code “When a divorce or separation lawsuit is filed, the judge ex officio takes the temporary measures necessary during the continuation of the case, especially regarding the accommodation of the spouses, their livelihoods, the management of the spouses’ property, and the care and protection of the children.” In the course of the case, the judge can take all the measures he deems necessary, even if the parties do not have any requests.

The spouse, who filed the lawsuit, can make requests such as precautionary injunction, allocation of the joint residence and household goods, placing a “family residence annotation” on the joint residence, with the petition of the lawsuit. As mentioned above, alimony, which is decided in favor of the spouse or joint child who will fall into poverty due to divorce, is also one of the temporary measures.

TO CONTACT NOW: 0 541 485 92 48

Özlem Zennup Özkök

Arb. Av. Özlem Zennup Özkök, 2010 yılında Bilkent Üniversitesi Hukuk Fakültesi’nden mezun olmuştur. Bursa Barosu’na kayıtlı avukat ve arabulucudur. Türkiye’nin önde gelen hukuk bürolarında edindiği şirketler hukuku ve birleşme-devralma deneyiminin ardından Bursa’da Özkök Hukuk Bürosu’nu kurmuştur. Aile hukuku, şirketler hukuku ve gayrimenkul uyuşmazlıkları alanlarında çalışmaktadır.

See author's posts