Uncontested Divorce

What Is an Uncontested Divorce?

Uncontested divorce is briefly defined as the termination of a marriage through the mutual agreement of the spouses on all essential elements of the marriage. Uncontested divorce, is explicitly regulated under Article 166 of the Turkish Civil Code. The 3rd paragraph of the relevant article states: ” If the marriage has lasted for at least one year, upon the joint application of the spouses or the acceptance of one spouse's lawsuit by the other, the marital union shall be deemed to have fundamentally shaken. In this case, for a divorce decision to be rendered, it is required that the judge personally hears the parties, is convinced that their wills are disclosed freely, and approves the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the status of the children. The judge may make necessary amendments to this agreement, taking into account the interests of the parties and the children. Upon the acceptance of these amendments by the parties as well, a divorce shall be ruled. In this case, the provision stipulating that the admissions of the parties shall not bind the judge shall not apply. ”

For an uncontested divorce process to take place, all of the following conditions must be met entirely;

• The marital union must have lasted for 1 year
• Mutual declaration of intent for the divorce process
• Joint declarations of the parties before the court
• Court judgment

If these conditions are met by the parties, an uncontested divorce proceeding is possible. If a lawsuit is filed with the court by submitting an uncontested divorce petition containing the mutual declarations of intent of the parties, the court will schedule a suitable hearing date and notify the parties. Provided that the parties are present together at the hearing, there are no procedural or substantive issues within the content of the uncontested divorce petition, and there is no violation of public policy, the court will be able to render a divorce judgment.  Contested divorce protocol you can review the sample uncontested divorce protocol prepared by our law firm by clicking our link.

Is an Uncontested Divorce Possible in Marriages Lasting Less Than 1 Year?

If either party applies to the court with a divorce petition stating a contested divorce request and the opposing party accepts all of these claims, the exchange of petitions phase is completed when the plaintiff files a reply to the answer and the defendant finally files a second answer petition. Provided that the parties are present, the request to advance the hearing date is accepted by the presiding judge, and the parties' witnesses are present at the hearing to be held during the first session, it is possible for the court to render a divorce judgment for marriages lasting less than 1 year.  In this context, the parties have the opportunity to terminate a marriage that has not lasted for 1 year.

Atty. Batın YILMAZ