In short
A contested divorce is the route of witnesses, service, and the taking of evidence. The list of terms for an uncontested divorce is not on this page.
The facts in the claim, and the list of evidence, are the first link.
Liquidation of property can be a separate action.
The caseload of the family court in Ankara produces the pace.
Related articles: the difference between uncontested and contested.
A contested divorce is the action brought where the parties have not been able to agree on the divorce, or on its consequences. Fault, evidence, witnesses, and a long trial come onto the agenda. Custody, maintenance, and the division of property can be discussed in the same file. This text is for general information; in the concrete file the result and the period can change.
Introduction
If the parties cannot settle on every matter in the divorce, the contested route comes into play. The contested divorce process consists of the stages of the claim, the defence, the evidence, the hearing, and the decision. The same procedural frame is applied in the family courts in Ankara too. The caseload of the court can affect the period; the basic rules do not change.
If the uncontested route is possible, the article on the conditions of an uncontested divorce can be read. For an expectation of the period, the article on how long a divorce action takes can be looked at. The general frame: family law.
What is a contested divorce?
A contested divorce is the type of action in which at least one of the spouses puts forward the will to divorce before the court, but there is a dispute on matters such as the ground of divorce, fault, custody, maintenance, or the division of property. The area of dispute that is narrowed by a protocol in an uncontested divorce widens on the contested route.
The court assesses the allegation and the defence together with the evidence. The parties can put forward against each other requests for a ground of divorce, compensation, custody, and maintenance. The trial consists of written and oral stages. The decision can cover the divorce, the ancillary rulings, and the costs of the trial.
How it differs from the uncontested route
In an uncontested divorce the parties settle by a protocol; the court reviews it. In a contested divorce, having witnesses heard, an expert, and a long calendar of hearings are ordinary. While the trial continues the parties can still settle; in that case the process can simplify. If there is no real settlement, the contested route is unavoidable.
Whom does it concern?
- Spouses who cannot agree on the divorce
- Parties who have an allegation of fault, of violence, or of a breach of fidelity
- Parents who cannot settle on custody and maintenance
- Spouses who have a dispute about the division of property and about wedding jewellery
- Parties who refuse to sign an uncontested protocol
A contested divorce is not only "an action that takes a long time". Gathering evidence, preparing witnesses, and the approach at the hearing require serious work. Statements given with emotional decisions can later make the defence harder.
The contested divorce process, step by step
A typical process advances through these stages:
- Preparation of the claim: the ground of divorce, the requests (custody, maintenance, compensation), and the list of evidence
- Bringing the action in the family court with venue
- Service on the other side, and the period for a defence
- The defence, and evidence in reply
- The preliminary examination, or the first hearing
- Having witnesses heard, an expert, and a social inquiry (if needed)
- Completion of the stage of taking evidence
- The oral trial, and the decision
- Appeal, and finality (if an application is made)
Each step can produce an additional period within itself. Delay in service, a witness not coming, or an expert's report lengthens the process.
The claim and the defence
The ground of divorce must be written clearly in the claim; the allegations must be supported by evidence. Uncertain or emotional claims make the trial harder. In the defence the other side accepts or rejects the allegations, and puts forward evidence in reply. If the period is missed, procedural results can arise.
Hearings and witnesses
The list of witnesses must be given to the court within the period. Witnesses are heard to the extent they themselves saw or heard the events. Accounts of "I heard that" carry limited value. Preparing a witness requires the questions that will be asked to be thought of in advance. A calm and consistent statement at the hearing matters. Coming to the hearing unprepared, having an emotional outburst, or using aggressive expressions directed at the other side can affect the trial badly. The minutes of the hearing are in the nature of an official record.
The separation of the preliminary examination and the taking of evidence
Within the frame of the Code of Civil Procedure, at the preliminary-examination hearing the parties clarify the matters in dispute. At the stage of taking evidence, having witnesses heard, an expert, and gathering evidence become intensive. Procedural mistakes (missing a period, a wrong request) can lengthen the trial. In a contested divorce, the parties acting in accordance with the rules of procedure can help reduce unnecessary delays.
Claims for compensation and for wedding jewellery
Requests for pecuniary and non-pecuniary compensation are connected with the ground of divorce and the degree of fault. The heads in Article 174 of the Turkish Civil Code are in the article on pecuniary and non-pecuniary compensation in divorce. Wedding jewellery, gold put on during the marriage, and similar items are often the subject of a dispute. To whom the jewellery belongs, who put it on at the wedding, and claims of delivery after the divorce must be supported by evidence. Not clarifying compensation and jewellery in the divorce action can later bring the burden of a separate action.
Custody, maintenance, and the division of property
In a contested divorce, custody is determined on the principle of the best interests of the child. The calendar of personal contact is arranged by the decision, or by an interim decision. For maintenance, documents of income, bank records, and lists of expenditure are examined. Interim maintenance can be asked for while the action continues.
The division of property is assessed separately according to the regime of participation in acquired property, or another regime that was chosen. Wedding jewellery, household goods, and joint debts are often the subject of a dispute. The divorce decision does not automatically resolve the liquidation of the matrimonial property regime in full; a separate action may be needed.
Interim protective measures
While the action continues, interim decisions can be asked for, such as interim maintenance, an arrangement of personal contact, or the use of goods. On an allegation of violence, or of an urgent danger, protective measures can be subject to a different statutory regime. Interim decisions do not stand in for the final decision. Interim maintenance can be asked for while the action continues; an interim arrangement on custody can be asked for too. On an allegation of violence, or of an urgent danger, protective measures within the scope of Law No. 6284 are assessed separately. If there is an allegation of violence within the family, gathering evidence and an application for protection should be planned separately. Interim decisions can be updated according to how the file develops.
Frequent mistakes
- Writing an emotional claim without gathering evidence
- Not giving the list of witnesses within the period
- Making posts on social media that target the other side
- Showing the child as a party, or using the child before the court
- Following an unnecessarily aggressive approach while there is a possibility of agreement
- Signing a protocol in haste at the last moment
- Missing the period for appeal, or not following the date of service
- Putting forward the ground of divorce without evidence
- Coming to the hearing unprepared, by making light of the other side's witnesses
Note: in a contested divorce, "winning" and protecting the child's stability are different aims. The arrangement of custody and of personal contact produces a long-term result. The parties not keeping the child out of the process can increase the emotional burden.
The relevant legislation
The foundation of a contested divorce is the divorce provisions of the Turkish Civil Code. The procedure of the trial is conducted within the frame of the Code of Civil Procedure. The subject-matter jurisdiction and the venue of the family courts are subject to special rules. The principle of the best interests of the child applies in all ancillary matters.
In judicial practice the degree of fault, proof of the ground of divorce, and the ancillary requests are discussed separately. Every decision rests on the concrete facts. The caseload in the family courts in Ankara can affect the period.
The expert and the social inquiry
In a dispute about the division of property, an expert examination can be asked for. The value of an immovable, an inventory of household goods, or the establishment of income can be clarified by an expert's report. On custody, a social-inquiry report presents an observation on the ground about the home environment, the parent-and-child relationship, and the conditions of care. The report process can lengthen the file; it is often asked for, however, if there is a concern for the child's safety. Reports of an expert and of a social inquiry do not determine the result on their own; they are read together with the other evidence.
Appeal and finality
After the decision of the family court is served, an appeal can be made within the statutory period. The appeal is examined at the regional court of justice. Before the decision becomes final, some rulings may not be applied in practice, or are applied in a limited way. Missing the period for appeal leads to the decision becoming final. The date of service and the calculation of the period must be followed from the document. An appeal does not try every file again from the start; rulings that are wrong can, however, be corrected.
Liquidation of the matrimonial property regime can be a separate action
The divorce decision brings the marriage to an end; the division of property, however, is not always resolved in full in the same file. An action for liquidation can be brought separately according to the regime of participation in acquired property, or another regime that was chosen. Even if wedding jewellery, household goods, and joint debts are discussed in the divorce action, transfer of an immovable on the land registry can require a separate transaction. An approach of "let the divorce finish, we will sort the property later" carries a risk of a dispute in the long term. In a contested divorce, the parties assessing at an early stage which matters they can agree on can help the trial simplify. If there is no real settlement, one should enter the process of evidence and witnesses prepared. For an expectation of the period, the article on how long a divorce action takes can be read. In a contested divorce, the parties preparing the list of evidence early, not missing the periods for witnesses, and coming to the hearing with a consistent statement can affect the process well. If there is a possibility of agreement, a protocol can be assessed within the frame of the conditions of an uncontested divorce; if there is no real settlement, the contested route is continued. In a contested divorce, the support of a representative or a legal adviser is not obligatory, but mistakes of evidence and of procedure can carry a risk of a loss of rights in the long term. The family law page presents the general frame; in the concrete file the approach must be built according to the nature of the event.
In a contested divorce, the parties assessing the possibility of settlement can simplify the trial; signing a protocol under pressure should, however, be avoided. Preparing the evidence and the witnesses is the most effective preparation against the length of the process. In the concrete file the current legislation and the state of the evidence must be assessed together.
Where the process is read from
The claim, the service, and the papers of the taking of evidence are read from the file. A new period is not written into this process. The uncontested route is not put in place of the contested frame. The Çankaya office does not change the authority with venue.
Conclusion
A contested divorce is a wide process consisting of the stages of the dispute, the evidence, and the trial. Early preparation, complete documents, and a consistent statement can make the process easier. Settlement is possible while the trial continues; it is not obligatory.
This writing is for general information; the assessment can change according to the features of the concrete event. The family law page, and the articles on the conditions of an uncontested divorce and on if the uncontested route turns contested, offer further information on the related subjects.
A lawyer in Ankara does not write, in a contested divorce, a period that is not in the file.