Nowadays, couples can decide to divorce for many reasons. However, this process is not always desired by both spouses. Known as contested divorce, it may sometimes turn out to be challenging, difficult, and time-consuming because one of the spouses does not want a divorce or both of them cannot agree on the divorce and its legal consequences.
As a Turkish lawyer firm, Istanbul Lawyer Firm can assist you in the event of a contentious divorce and provide the necessary information in this field.
What is Contested Divorce?
A contested divorce refers to a situation where the spouses cannot agree on the terms of their divorce, such as division of property, child custody, alimony, or any other related issues. In this type of divorce, people are recommended to get help from a contested divorce attorney to handle their situation in a right and better way, without having any problems.
In addition, in a contentious divorce, the court steps in to resolve these contentious matters. Compared to an uncontested divorce, when a couple decides to proceed with a contested one, it typically involves a more complex legal process.
The Legal Framework for Divorce in Turkey
In general, divorce must be based on a specific reason and the court's decision. Besides, the Turkish Civil Code and the Turkish Code of Civil Procedure are the main legal agreements that regulate divorce in Turkey.
Family courts, which mainly deal with family law issues, handle divorce cases as well. Throughout the divorce proceedings, the court will take into account various factors, including child custody, division of property, financial support, and any other relevant circumstances.
Turkish Family Law on Contested Divorce
Family matters in Turkey, including divorce, are primarily governed by the Turkish Civil Code. Articles 161 - 166 of the Turkish Civil Code specify the standards for identifying and clarifying the legal grounds of a divorce proceeding in Turkey:
- Adultery
- Attempt against life, abominable or degrading treatment
- Committing crimes and leading a dishonorable life
- Desertion
- Mental illness
- Matrimonial breakdown
For example, Article 161 states that if one of the spouses commits adultery, the other spouse can file a lawsuit for divorce.
Frequently Asked Questions About Contested Divorce
Many individuals are interested in learning more about contested divorce and ask questions about the procedure and potential outcomes or seek legal guidance and advice in this field. Here are some frequently asked questions about contentious divorce:
How Long Does a Contested Divorce Take?
The duration of a contested divorce can vary due to several factors, such as the complexity of the case, the jurisdiction, and the willingness of both parties to negotiate. In addition, steps like submitting the first divorce petition, exchanging information and documents throughout the discovery process, attempting to reach a settlement through mediation or negotiation, and holding pre-trial conferences can affect the overall timeline. That is why this type of divorce may take weeks, months, or even years to conclude in some situations.
Do Spouses Have to Attend Hearings in Contested Divorce?
Attending hearings is not mandatory. If the parties agree to give power of attorney to their lawyers, they are not required to be in person for procedures such as attending hearings. Besides, giving a divorce lawyer power of attorney will prevent potential risks such as losing rights or interests and taking the wrong legal actions.
What if One Party Disagrees with the Divorce?
In some divorce cases, one of the spouses disagrees with the divorce or may have difficulties in reaching an agreement. In general, if one partner disagrees with the divorce, it can make things more difficult and possibly prolong the process.
However, this does not mean that a divorce case cannot be filed in any way. If the party wishing to divorce presents their evidence, proves their claims, and the case is accepted by the court, the parties will divorce. In other words, the fact that only one party does not want to divorce will not be a reason for rejection alone.
How to File a Contested Divorce Case?
In case of a contested divorce, spouses have to go through some steps. One of them is filing a case for it. In the Family Court, a contentious divorce case is submitted. When filing for divorce, one of the parties must include two copies of the petition for divorce, any papers they want to submit, if any, and a photocopy of their identification card. As a result, the divorce process starts.
To file a contentious divorce case, you can consult a divorce lawyer in Turkey. In a divorce case, it is not necessary to get help from an expert divorce lawyer. However, for a better and right process, a qualified Turkish divorce lawyer from Istanbul Lawyer Firm is ready to assist you in the situations that await you during the divorce process.
You can reach our previous article from https://istanbullawyerfirm.com/blog/the-benefits-of-having-a-power-of-attorney-in-turkey