How Does a Contested Divorce Case Work?

A contested divorce case (çekişmeli boşanma davası) is a case filed where one of the spouses does not want to divorce, or where the spouses cannot agree on the consequences of the divorce, namely custody, maintenance, compensation and division of property. Unlike in an uncontested divorce, the court examines on the basis of the evidence whether a ground for divorce exists and the extent to which each party is at fault. For this reason, the process takes longer and the preparation before the case directly affects the outcome.

On this page you will find the stages of a contested divorce case, how the evidence is assessed, the measures that can be requested during the case and how long the case may take.

When Is a Contested Divorce Case Filed?

A contested divorce case is filed when one of the spouses objects to the divorce, when the requirements for uncontested divorce are not met because the marriage has lasted less than one year, or when the spouses agree on the divorce but cannot agree on its consequences. The case must be based on one of the grounds for divorce in the Turkish Civil Code (TMK):

• Irretrievable breakdown of the marriage (Art. 166)
• Adultery (Art. 161)
• Attempt on life, severe ill-treatment or degrading conduct (Art. 162)
• Committing a crime and living a dishonourable life (Art. 163)
• Desertion (Art. 164)
• Mental illness (Art. 165)

For the grounds of adultery and of attempt on life and degrading conduct, the right to file a case must be exercised within six months of learning of the event and in any event within five years. The ground relied on determines the burden of proof, the time limits and the compensation claims.

Stages of a Contested Divorce Case

1. Statement of claim: The ground for divorce, the events, the evidence and all claims such as custody, maintenance and compensation are set out clearly. Events and evidence not stated in the petition can be raised later only in limited circumstances.
2. Response and counterclaim: The respondent spouse responds within two weeks of service of the petition and may raise their own divorce and compensation claims as a counterclaim (karşı dava).
3. Reply and rejoinder: The parties’ allegations and defences are completed with these pleadings.
4. Preliminary examination: The court identifies the disputed issues between the parties, collects the evidence and encourages the parties to settle.
5. Investigation: Witnesses are heard; if there are children, a social investigation report (sosyal inceleme raporu) is obtained and, where necessary, an inquiry into the parties’ financial situation and a court-appointed expert examination (bilirkişi incelemesi) are carried out.
6. Oral hearing and judgment: The parties make their final statements; the court rules on the divorce, fault, custody, maintenance and compensation.
7. Appeal to the regional court and the Court of Cassation: The judgment can be appealed to the regional court of appeal (istinaf) within two weeks of service, and the regional court’s decision can be appealed to the Court of Cassation (temyiz) where the conditions are met. The divorce is entered in the civil registry after the judgment becomes final.

Which Court Hears a Contested Divorce Case in Mersin?

Contested divorce cases are heard by family courts (aile mahkemesi); where there is no family court, the civil court of first instance (asliye hukuk mahkemesi) hears the case acting as a family court. Under TMK Art. 168, the case can be filed at the place of residence of either spouse or at the place where the spouses lived together for the last six months before the case. Therefore, if one of the spouses lives in Mersin, the case can be filed with the Mersin family courts; if the spouses spent the last six months in a district such as Tarsus, Erdemli, Silifke, Anamur or Mut, the case may also be heard in that district. For parties living outside Mersin or abroad, the case can be followed through a legal representative; if the witnesses are elsewhere, it can be requested that they be heard by another court through judicial assistance (istinabe).

Evidence and Assessment of Fault in Contested Divorce

In a contested divorce, what determines the outcome is proof of the allegations. The court determines the degree of fault of each party; this directly affects maintenance and compensation claims. Faulty conduct may include violence, insults, economic violence, neglect, infidelity and failure to fulfil the obligations of the marital union.

Commonly used evidence includes:

• Witness statements
• Text messages, emails and social media correspondence
• Photographs and video recordings
• Medical reports of physical assault and other health reports
• Bank transactions, salary and income documents
• Police and prosecution records

Evidence must be obtained lawfully. Evidence obtained by means such as unauthorised access to the spouse’s phone, secret audio or video recordings or logging into the spouse’s accounts may be unusable in the case and may give rise to criminal liability. The evidence strategy should be determined before the case is filed.

Measures That Can Be Requested During the Case

Because a contested divorce case can take a long time, once the case is filed the court takes interim measures to protect the spouses and children (TMK Art. 169):

• Interim maintenance (tedbir nafakası) for the spouse and children
• Who the children will live with during the case and their personal contact with the other parent
• Use of the shared home
• Interim injunctions (ihtiyati tedbir) to protect assets

If there is domestic violence, protective measures such as removal from the home, a restraining order and a no-contact order can also be requested under Law No. 6284.

Claims for Custody, Maintenance, Compensation and Division of Property

When granting the divorce, the court also rules on its consequences. Custody is decided according to the best interests of the child; a spouse who would fall into poverty because of the divorce and whose fault is not greater may claim post-divorce maintenance (yoksulluk nafakası), and a spouse who is not at fault or less at fault may claim compensation for financial and non-financial damage. Division of property, on the other hand, is usually heard in a separate case after the divorce judgment becomes final. Compensation and maintenance claims not dealt with in the divorce judgment are subject to a one-year limitation period from the date the judgment becomes final.

Can a Contested Divorce Be Converted into an Uncontested One?

Yes. If, while the case is ongoing, the spouses reach agreement on the divorce and all its consequences and the marriage has lasted at least one year, the case can be concluded as an uncontested divorce. For this, the spouses must attend the hearing in person and the judge must find the protocol appropriate. This route can significantly shorten the duration of the case.

How Long Does a Contested Divorce Case Take?

The duration varies depending on the court’s workload, service of documents, the number of witnesses, social investigation and court-appointed expert reports and appeals. Proceedings at first instance often exceed one year; with the regional court of appeal and Court of Cassation stages, the duration may be even longer. Preparing the pleadings in full, submitting the evidence on time and ensuring that witnesses attend prevent unnecessary delays.

If you would like legal support for your contested divorce case in Mersin, you can find information on the process and contact details on the divorce lawyer in Mersin page.

Frequently Asked Questions

Legal Support in the Contested Divorce Process

In a contested divorce, the ground relied on in the petition, the evidence submitted and the claims raised determine much of the outcome. To have your situation assessed and to decide on the course of action before the case, you can reach me through the contact page.