Uncontested Divorce

An uncontested divorce case is a type of divorce case in which both spouses mutually agree by accepting all the results and conditions of the divorce. In practice, many people wonder how long an uncontested divorce case will take. It should be noted that the process varies depending on the intensity of the courts where the case is heard, but an uncontested divorce case is a type of case in which the trial process takes much shorter than a contested divorce case.

1. Uncontested Divorce Process

In a marriage union lasting at least one year, the uncontested divorce process is initiated when the spouses apply to the court with the uncontested divorce protocol and the uncontested divorce petition in which they agree on all the consequences of the divorce.

In uncontested divorce cases, the court judge is required to approve the matters agreed upon by the parties regarding all the consequences of the divorce. With the court judge’s acceptance of the matters agreed upon by the spouses, the divorce is realized with the decision of the judge.

In order to prevent the parties from losing their rights during this process, it is recommended that the divorce process and this case be carried out together with a divorce lawyer who is an expert in the field.

2. Conditions for Uncontested Divorce

In order for a divorce to be granted, the mere agreement of the parties is not sufficient. For this, certain conditions are stipulated in the Civil Code No. 4721. These conditions are

• The marriage union must have continued for at least one year,
• The spouses declare the matters agreed upon in the uncontested divorce protocol with their free will before the judge,
• The spouses apply to the court together for divorce or the other spouse accepts the divorce case filed by one of the spouses; and
• The judge must approve all the terms of the divorce and, if any, the issues agreed in the uncontested divorce protocol regarding the status of the joint children. If the judge does not approve the matters agreed upon by the spouses in the protocol, he/she may make necessary amendments to the protocol by considering the interests of the parties and the children, but the parties must also approve the amendments made.

The relevant legal provision regulating the conditions for uncontested divorce is as follows:

Paragraph 3 of Article 166 of the Turkish Civil Code is as follows:
“If the marriage has lasted for at least one year, if the spouses apply together or if one spouse accepts the other spouse’s lawsuit, the marriage union is deemed to be shaken from its foundations. In order to grant a divorce in this case, the judge must listen to the parties in person and be convinced that their wills are freely expressed and find the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the status of the children appropriate. The judge may make the changes he/she deems necessary in this agreement by taking into consideration the interests of the parties and the children. If these amendments are accepted by the parties, a divorce shall be granted. In this case, the provision that the admissions of the parties shall not bind the judge shall not apply.”

3. Duration of Uncontested Divorce Litigation

It takes approximately 1-4 months for the uncontested divorce cases to be ruled by the court judge and the divorce decision to be finalized. However, this period may vary depending on the court’s appointment of the hearing date, the intensity of the hearing and the workload of the court, the writing of the reasoned decision and the notification of the reasoned decision to the parties.

4. Uncontested Divorce Protocol

A divorce protocol is a protocol that must be submitted to the court as an annex to the petition in uncontested divorce cases. This protocol includes the issues agreed upon by the parties in the terms and consequences of the divorce and in the case of joint children.

In the uncontested divorce protocol, every situation that is or may be a problem between the parties should be clarified and there should not be any ambiguous or contradictory situation.

5. Custody Status of Joint Child in Uncontested Divorce

In an uncontested divorce case, the parties must agree on custody.

Spouses may also agree on joint custody. In addition, the parent who does not have custody of the child after the divorce is finalized may file a lawsuit for a change of custody in the future.

The judge also regulates the personal relationship between the non-custodial parent and the child while deciding on custody.

6. Alimony in Uncontested Divorce

Alimony is among the financial consequences of divorce.

Alimony types are as follows:

Precautionary alimony is a type of alimony awarded during the divorce proceedings. However, since uncontested divorce cases last for a short period of time, there is generally no application of alimony.

Alimony is the money that corresponds to the expenses necessary for the maintenance of the child’s life, such as education, clothing, health and nutrition of the joint child. In this way, the spouse who does not have custody of the child contributes to the spouse who has custody of the child.

Poverty alimony is a type of alimony paid to the spouse who will fall into poverty due to divorce. If the parties have agreed on poverty alimony in the uncontested divorce protocol, this will be ruled by the court. On the other hand, it should be noted that poverty alimony is a type of alimony that may be awarded in favor of the party who will fall into poverty due to divorce. In practice, it is seen that these decisions are made by evaluating the poverty status regardless of the duration of the marriage.

7. Material and Moral Compensation in Uncontested Divorce Case

Compensation is among the financial consequences of divorce. The parties may request material and moral compensation from each other with the divorce case. It is mandatory for the parties to agree on material and moral compensation, the judge cannot decide on compensation without a request.

The compensation and the amount of compensation demanded by the parties, and if they do not demand compensation, it should be clearly stated in the uncontested divorce protocol that they do not demand compensation.

8. Division of Property in Uncontested Divorce

Property division in an uncontested divorce case is the division of all movable and immovable properties acquired by the spouses during the marriage during the divorce process. This division should be clearly included in the uncontested divorce protocol.

This division of property includes the house, car, furniture, investments and wedding jewelry purchased during the marriage.

9. Uncontested Divorce Case Before One Year Has Ended

In practice, many people wonder whether an uncontested divorce can take place before the expiration of 1 year. In such a case, the parties should submit their cases as a contested divorce case and then prepare their witnesses at the hearing. When such a process is followed, it is possible for couples who have not completed 1 year to have their cases heard without waiting for the deadline. At this point, the important point is the discretion of the judge.

10. Authorized and Competent Court in Uncontested Divorce

The competent court in a divorce case is the court where one of the spouses resides or where the spouses have been living for the last six months before the divorce case is filed.

The competent court is the Family Court. In places where there is no Family Court, the Civil Court of First Instance hears divorce cases as the Family Court.

Finally, we would like to state that it is important for couples who have reached the divorce stage to get legal support from a lawyer specialized in family and divorce law before filing a divorce case.

For your comments and questions regarding this article, please contact us at info@ertahukuk.com.