The Turkish Civil Code provides for "uncontested divorce" as a faster and less taxing path compared to a contested divorce (TCC Art. 166/3).
Legal Conditions for an Uncontested Divorce
- Duration of marriage - The marriage must have lasted at least one year.
- Joint application or acceptance - The spouses must apply to the court jointly, or one spouse's action must be accepted by the other.
- The judge must hear the parties in person - The judge must personally hear the parties regarding the financial consequences of the divorce (alimony, compensation, division of property) and any arrangements concerning children, and must be satisfied that their will was freely expressed.
- The arrangement must be approved by the judge - The protocol prepared by the parties, or the arrangement the judge determines ex officio, must be approved by the judge.
What Should Be Included in an Uncontested Divorce Protocol?
The protocol generally covers: custody (for any joint children), personal relations with the child (visitation days), child support, spousal maintenance (if applicable), material/moral compensation, and division of household goods/property. The more detailed and clear the protocol, the lower the risk of future disputes.
How Long Does the Process Take?
Uncontested divorce cases where the conditions are fully met and there is no dispute over the protocol can conclude much faster than contested divorces, often in a single hearing. However, if the judge does not approve the protocol, or if a party's statement at the hearing contradicts the protocol, the case may turn into a contested divorce.
Conclusion
An uncontested divorce offers a fast resolution where the parties are genuinely in agreement and the protocol is prepared completely. It is important that the protocol be drafted in detail and in accordance with the law, in a way that prevents disputes from arising later.
You can prepare your uncontested divorce petition with Lawyer Services' Create Petition tool.