Contested Divorce Case — Frequently Asked Questions

How long does a contested divorce case take?

It is not possible to give an exact timeframe. The duration of the case varies depending on the completion of the petition stage, the number of witnesses to be heard, whether a social investigation or expert report is needed, and the court's workload. Appeals to the regional court of appeal and the Court of Cassation against the ruling can also delay finalization. Presenting all your evidence completely from the start helps prevent unnecessary delays.

Can I still get a divorce if my spouse does not want one?

Yes. In a contested divorce case, the other party's consent is not required. You must prove with evidence one of the grounds for divorce listed in the law, most commonly that the marriage has been fundamentally shaken. The court evaluates the submitted evidence to decide whether to grant the divorce and to determine each party's degree of fault.

Can I use my spouse's messages as evidence?

Messages sent to you, or content lawfully accessed on commonly shared devices, can generally be submitted as evidence. However, content obtained through methods such as accessing your spouse's phone without permission, using hidden tracking software, or cracking passwords may be considered unlawful evidence and may be disregarded; it can also give rise to criminal liability. The way the evidence was obtained should be assessed before it is submitted.

Can I receive alimony during the case?

While the divorce case is ongoing, the judge takes interim measures on their own initiative for the spouses' living expenses and the children's care. Within this scope, interim alimony may be awarded in favor of the spouse and children in need. The amount is determined based on the parties' income and expenses. Interim alimony is valid only during the case; for the period after the divorce, poverty alimony and child support must be requested separately.

Can the case be converted to an uncontested divorce while it is ongoing?

Yes. If the marriage has lasted at least one year and the spouses agree on all consequences of the divorce, a case filed as contested can be converted into an uncontested divorce during the proceedings. To do this, the parties prepare a protocol and state their intent by being personally heard at the hearing. This route can help avoid a lengthy investigation process.

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Contested Divorce Case

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A contested divorce case is filed when one spouse does not want a divorce, or when both agree to divorce but cannot reach an agreement on consequences such as custody, alimony, compensation, or the division of property. In these cases, the judge evaluates the parties' claims and the evidence they submit, and decides both on the divorce itself and on its consequences according to the degree of fault.

In a contested process, what matters is not the claim but the strength of the proof. The events described in the petition must be supported by witnesses, correspondence, documents, or official records, and it must be planned from the outset which fact will be proven by which piece of evidence.

Grounds for divorce: general and specific grounds

The Turkish Civil Code regulates the grounds for divorce in two groups. The ground most frequently invoked in practice is the fundamental breakdown of the marital union (TMK Art. 166/1). This general ground covers situations in which the shared life has been shaken to the point that the spouses cannot reasonably be expected to continue it, and it may rest on a wide variety of events such as constant insults, indifference, economic violence, or interference by family members.

The specific grounds for divorce are listed individually in the law:

Adultery (TMK Art. 161),
Attempt on life, grievously bad treatment, or humiliating conduct (TMK Art. 162),
Commission of a crime and leading a dishonorable life (TMK Art. 163),
Desertion (TMK Art. 164),
Mental illness (TMK Art. 165).

For specific grounds, if it is proven that the conditions required by law have been met, it is not additionally necessary to show that the marriage has become unbearable. However, some specific grounds are subject to statutory forfeiture periods: for adultery and for attempt on life or humiliating conduct, the right to sue lapses six months after the spouse learns of the event and, in any case, five years after the event occurred. A spouse who has forgiven the other also has no right to file a case based on these grounds.

The desertion ground and the notice process

To rely on the desertion ground, the spouse must have left the shared home at least six months earlier with the intent of avoiding the obligations arising from the marital union, and must have failed to return without a justified reason. Once at least four months have passed since the desertion, a notice may be served through a judge or a notary; if the spouse does not return within two months after the notice, a divorce case may be filed (TMK Art. 164). A notice served without calculating these periods precisely may lead to the dismissal of the case.

Managing evidence and witnesses

The evidence most commonly used in contested divorces includes witness statements, message and email correspondence, social media content, bank records, medical reports, and law enforcement reports. There are several points to keep in mind when submitting evidence:

Evidence obtained unlawfully cannot be taken into account by the court (HMK Art. 189/2). For example, records obtained by secretly installing software on a spouse's phone may fall within this scope.
Witnesses who directly observed the events are stronger than those who rely on hearsay.
Evidence must be cited at the petition stage; submitting evidence later is restricted by procedural rules.

Interim measures during the case

Once a divorce case is filed, the judge takes the necessary temporary measures on its own motion for the duration of the case (TMK Art. 169). These measures concern the spouses' housing, maintenance, and management of property, as well as the care of the children. The most common in practice are interim alimony, the temporary placement of the children with one parent, and temporary arrangements for personal contact with the other parent. For general information on the types of alimony and how the amount is determined, please see our article on types of alimony and how it is calculated.

Where there is domestic violence, protective and preventive measures may be requested under Law No. 6284, independently of the divorce case.

Stages of the case and timelines

Petition stage: The petition, the response, the reply to the response, and the rejoinder are exchanged between the parties.
Preliminary examination: The points in dispute are identified and evidence begins to be collected.
Investigation: Witnesses are heard; where necessary, a social inquiry report and an economic situation assessment are prepared.
Oral hearing and judgment: The parties present their final statements and the court issues its ruling.
Appeals: The decision may be appealed to the regional court of appeal and, if the conditions are met, subsequently to the Court of Cassation.

Which court is the case filed in?

The case is heard in the family court, or, in places without a family court, in the civil court of first instance acting as a family court. The competent court is that of the residence of either spouse, or the place where they have lived together for the last six months before the case (TMK Art. 168). The petition should be accompanied by a copy of the population registry record, information about the children if any, documents showing income, and a list of the evidence relied upon. The names of the witnesses and the events each will testify about should also be determined at this stage; a fact not included in the petition becomes harder to prove later.

How long a contested divorce case will last varies depending on the number of witnesses, the need for expert opinions and social inquiries, and the court's workload. The right to bring claims for pecuniary and non-pecuniary compensation and alimony arising from the divorce becomes time-barred one year after the divorce judgment becomes final (TMK Art. 178); where possible, these claims should be raised together with the divorce case.

Compensation and assessment of fault

A spouse who is without fault or less at fault, and whose existing or expected interests are damaged by the divorce, may request appropriate pecuniary compensation from the party at fault. A spouse whose personality rights are violated by the events that led to the divorce may claim non-pecuniary compensation (TMK Art. 174). For this reason, determining which party is at fault is one of the most critical points of debate in a contested case. The liquidation of the property regime is a separate matter from the divorce; it may be filed together with the divorce but is often pursued separately.

Every case is unique; the same event may lead to different outcomes depending on the evidence. The specific circumstances must be assessed individually. If the spouses reach a settlement during the proceedings, the case may, if the conditions are met, be converted into an uncontested divorce.

Our firm's support

In contested divorce cases, we represent our clients in pre-trial evidence assessment, preparation of petitions, compiling witness lists, following up on interim measure requests, and the appeal stages. Throughout the process, we keep you clearly informed about developments and possible outcomes.