In this article, we aim to provide basic information about the uncontested divorce case filed when the spouses reach an agreement on divorce and the consequences of divorce. In practice, this case is also known as "single-session divorce". This case, within the scope of Article 166/3 of the Turkish Civil Code, ensures the termination of the marriage union in the event of an agreement between the parties. In this context, most wondered issues in practice such as what an uncontested divorce case is, in what cases it can be filed, by whom it can be filed, which court is competent, and how the litigation process progresses are addressed.
What is an uncontested divorce case?
An uncontested divorce case; it is a divorce case filed in the event that the spouses reach an agreement on divorce and its consequences (alimony, custody, property division, etc.). With this case:
- The marriage union is terminated in a short time.
- Disputes between the parties are resolved through an agreement.
- The litigation process is accelerated.
This matter is based on the provision of Turkish Civil Code Art. 166/3.
In which situations is an uncontested divorce case filed?
For an uncontested divorce case to be filed:
- The marriage must have lasted at least 1 year
- The parties must have agreed on divorce
- Agreement must be reached on all consequences of divorce
are required.
Who can file an uncontested divorce case?
An uncontested divorce case can be filed by the spouses applying together or by the other spouse accepting a case filed by one spouse.
Against whom is an uncontested divorce case filed?
An uncontested divorce case is seen between spouses. This case is in the nature of a special divorce case containing non-contentious elements.
What is the competent and authorized court in an uncontested divorce case?
The competent court is the Family Court. The authorized court is the court of the place of residence of one of the spouses or the place where the spouses last lived together for six months.
Is there a time limit for an uncontested divorce case?
For an uncontested divorce, it is mandatory that the marriage has lasted at least 1 year. Without this condition being met, an uncontested divorce is not possible.
What should be done before filing an uncontested divorce case?
The following issues are important before filing a lawsuit:
- Preparation of the divorce protocol
- Preparation of the lawsuit petition
- Clarification of alimony, custody, and property division issues
- Determination of the agreement will of the parties
The protocol is the most important element of the case.
How does the process progress in an uncontested divorce case?
The lawsuit process generally consists of the following stages:
- A lawsuit is filed in the Family Court.
- The parties attend the hearing together.
- The judge listens to the parties.
- The protocol is examined.
- If the judge finds it appropriate, a divorce decision is made.
If the judge does not find the agreement appropriate, he/she may request changes.
How long does an uncontested divorce case take?
In practice, uncontested divorce cases generally result within 1 day to a few weeks. In most cases, the case is decided in a single session.
FAQ ABOUT UNCONTESTED DIVORCE CASE
The information on this page is for general awareness. Legal evaluations may vary based on the specifics of each case. It is important to obtain legal support for an evaluation specific to your concrete situation regarding uncontested divorce requests.