Contested Divorce Case

Marriage union is a legal partnership that the parties establish with great hopes, but sometimes have to terminate due to disputes. When spouses decide to divorce; If they cannot reach a common agreement on vital issues such as custody, alimony, material and moral compensation or property division contested divorce case method must be resorted to.

Since contested divorce cases directly affect the future of the parties, the fate of the children and their financial situation, an experienced expert in the field is required to prevent loss of rights in this process and to manage the process with the most correct strategy. Istanbul Divorce Lawyer It is vital to work with and get professional support.

In this comprehensive guide, we explain all the legal stages, durations and your rights of contested divorce cases in the simplest language.

1. Comparison of Contested Divorce and Consensual Divorce

Before entering the divorce process, you need to correctly determine which type of case is suitable for your situation. Contested and consensual divorce cases are subject to completely different rules in terms of both duration and procedural law.

You can examine the most basic differences between spouses in the practical table below:

How to Prepare Before Filing a Contested Divorce Case?

The preparation before filing a contested divorce case is one of the most important stages that directly affects the outcome of the case. In this process, not only the request for divorce; All consequences such as custody, alimony, material and moral compensation, jewelry, property sharing, family residence and personal relationship with the child should be evaluated together.

Before filing a lawsuit, the economic situation of the parties, the needs of the children, property acquired during the marriage, bank accounts, vehicles, real estate and company shares, if any, should be carefully examined. Especially if there is a risk of property smuggling, protective legal means such as injunction, family residence annotation or writing a warrant to the relevant institutions should be considered when filing a lawsuit.

One of the biggest mistakes made in contested divorce cases is to file a lawsuit without preparing evidence. The spouse's faulty behavior must be supported by witness statements, messaging, social media correspondence, assault reports, police station reports, bank records or official documents. Claims that cannot be proven may not be taken into consideration by the court.

In addition, before filing a lawsuit, attention should be paid to social media posts, messaging with the other party, and not including children in the process. Messages written in anger, insulting statements or threatening statements can be used as evidence against the person during the litigation process. For this reason, before filing a contested divorce case, a legal strategy should be determined and the process should be carried out in a controlled manner.

2. For what reasons is a contested divorce case filed? (TMK articles 161 - 166)

In accordance with the Turkish Civil Code, in order to file a contested divorce case, there must be legal grounds written in the law and these situations must be proven in court with concrete evidence. Reasons for divorce are divided into two: general and special reasons:

A. General Reasons for Divorce (Severe Incompatibility)

This situation, which means that the foundation of the marriage union is shaken, means that the joint life becomes unbearable for the spouses. The most common general reasons for divorce in practice are:

• Violence and Ill-Treatment: Applying physical, psychological, verbal or economic violence to the spouse.
• Insult and Humiliation: Saying degrading words to the spouse or family, humiliating them in public.
• Trust-Shattering Behaviors: Constantly lying, having questionable extramarital affairs with members of the opposite sex.
• Neglecting Responsibilities: Leaving home and children financially/morally alone due to gambling, alcohol or drug addiction.
• Sexual Problems: Avoiding sexual intercourse without a justified reason or forcing the partner to have sexual intercourse in unnatural ways.

B. Special Reasons for Divorce

These are the situations that are listed as limited in the law and when they occur, enable a divorce decision to be made without the need to prove the fault of the other spouse:

• Adultery (Cheating - TMK article 161): It is when one of the spouses has sexual intercourse with a third person while the marriage continues. Your spouse who learned to cheat 6 months and in any case, through the action 5 years He needs to file a lawsuit beforehand. The party who forgives his/her spouse loses his or her right to sue.
• Attempt against life, very bad or degrading behavior (TMK article 162): An attempt on the spouse's life, severe torture or degrading treatment.
• Committing a Crime and Living a Dishonorable Life (TMK Article 163): It is when the spouse commits a humiliating crime or leads a dishonorable lifestyle that is not accepted in society.
• Abandonment (TMK article 164): It is filed against the spouse who leaves the shared residence without a justified excuse and does not return home within 2 months despite the duly issued "return home" warning.
• Mental Illness (TMK article 165): It is the presence of a mental illness that cannot be cured and makes shared life unbearable for the other spouse.

What evidence is used in a contested divorce case?

Being right alone is not enough in a contested divorce case; The parties must prove their claims with legal evidence. When determining the fault of the parties, the court evaluates the events alleged in the petitions, witness statements, written documents, official records and other evidence together.

It is extremely important that evidence is obtained in accordance with the law. Sneaking into your spouse's phone, cracking the password of your social media account, using a spy program, or recording audio and video through illegal means may cause problems in court. Such evidence may be rejected and may also lead to civil liability.

For this reason, before filing a contested divorce case, the evidence should be prepared regularly, it should be determined which event will be proven with which evidence, and the petition should be constructed accordingly. If the evidence plan is not made correctly, especially in compensation, alimony and custody requests, even the rightful party may not get the result they want.

3. Step by Step Stages of a Contested Divorce Case

A contested divorce case is a serious trial process that progresses step by step, following certain procedural rules.

This technical process consists of the following stages chronologically:

1. Exchange of Petitions (Mutual Correspondence): The process begins when the plaintiff spouse submits the petition to the court. After the petition is notified to the opposing party, the defendant 2 weeks has the right to submit a response petition. This stage is completed when the parties submit two mutual petitions.
2. Preliminary Review Phase: The court determines the points of disagreement and invites the parties to reach a peace. If no agreement is reached, it is decided to proceed to the investigation phase.
3. Investigation Phase (Critical Point of Trial): It is the longest stage where the evidence presented by the parties (witness statements, messaging, hotel and bank records, etc.) is examined and the witnesses are heard before the court.
4. Oral Trial and Decision: After the investigation is over, the judge asks the parties for their final words and announces his decision. Once the reasoned decision is written and notified, the appeal and appeal process begins.

Custody and Social Investigation Report Process in Contested Divorce

One of the most sensitive disputes between the parties in contested divorce cases is the custody of children. When it comes to custody, the court bases itself on the best interests of the child rather than the personal wishes of the mother or father. For this reason, the child's age, educational status, health needs, social environment he/she is used to, his/her relationship with his/her siblings and the care opportunities of the parents are evaluated together.

Regarding custody, the court often decides to obtain a social investigation report from a pedagogue, psychologist or social worker. In the social investigation report, the child's living conditions, the relationship with the mother and father, the time the parents spend on the child, the home environment, the school order and the child's psychological state are examined. The opinions of children of cognitive age can also be taken by experts.

During this process, parents should not direct the child against the other parent, should not make the child a party to the litigation process, and should avoid behavior that would harm the personal relationship order. Behaviors contrary to the best interests of the child may have negative consequences in the custody evaluation.

The party requesting custody should not be satisfied with merely describing the other spouse's shortcomings; It should also reveal how it will provide care for the child, how it will meet its education and health needs, and whether it can provide a regular living environment. For this reason, school records, health documents, the child's daily routine, care conditions and witness statements play an important role in the custody evaluation.

In a contested divorce, the custody decision is not a final and unchangeable decision. If the child's circumstances change after the divorce, a change of custody or a reorganization of the personal relationship may be requested. However, in all cases, the court's primary criterion is the best interest of the child.

4. Compensation, Alimony and Statute of Limitations in Contested Divorce

When a contested divorce case ends, the court not only decides on divorce; It also decides on compensation and alimony, which are accessories of the case:

• Material Compensation (TMK article 174/1): It is ruled in favor of the spouse who is at fault or less at fault, whose current or future financial interests have been damaged due to the divorce. For example, the income loss of a spouse who has taken a break from his career due to marriage after the divorce is taken into account here.
• Non-Pecuniary Compensation (TMK article 174/2): It is a lump sum paid to alleviate the mental breakdown experienced by the spouse whose personal rights have been violated due to events that led to divorce (cheating, physical or psychological violence, insult). Non-pecuniary damages cannot be paid in monthly installments (revenue) like alimony, but must be paid only in one lump sum.
• Poverty Alimony (TMK article 175): It is a monthly living payment paid in favor of the party who will fall into poverty due to divorce, provided that the fault is not more severe than the other spouse. Alimony cannot be awarded in favor of the spouse who is seriously or completely at fault.

Critical Periods and Limitations Table

After the divorce case is finalized, you should pay close attention to the legal deadlines in order not to lose your rights.

The most frequently asked questions about limitation and limitation periods are as follows:

5. 2025 - 2026 Legal Limits in Civil Courts

In order to appeal to the higher courts (Appellate and Supreme Court) against the decisions made as a result of a contested divorce case, the monetary limits determined in accordance with the Code of Civil Procedure (HMK) must be exceeded.

Important Information: While the monetary certainty limit (50,000 TL for 2026) is valid for appealing for pecuniary compensation claims; moral compensation No monetary limit is applied to decisions involving requests. Regardless of the amount of non-pecuniary damage decided or rejected, direct appeal can be filed.

6. Frequently Asked Questions (FAQ)

Can a contested divorce case turn into a consensual divorce?

Yes. While the contested divorce case is ongoing, if the parties reach an agreement on issues such as custody, alimony, compensation and property division, a Consensual Divorce Protocol They can prepare the case and submit it to the court and turn the case into a consensual divorce. In this case, the process is completed in a single session.

Can the spouse who is more at fault in the divorce receive compensation or alimony?

No. In accordance with the Turkish Civil Code, in order to receive material/moral compensation and poverty alimony, the requesting party must flawless or less flawed than the other spouse It is mandatory. These requests of the seriously or completely at fault spouse are directly rejected by the court.

If I am represented by a lawyer, do I have to attend hearings?

No. You may find yourself in a situation where you are in a contested divorce case. Istanbul Contested Divorce Lawyer If you are represented by , you do not have to attend the hearings in person; Your lawyer handles the entire process on your behalf. However, if you are pursuing your case yourself, you must attend each hearing in person and defend yourself.

Is it mandatory to hire a lawyer in a contested divorce?

There is no legal obligation to hire a lawyer in divorce cases; You can also file and pursue your case yourself. However, contested divorce cases are extremely complex processes based on limitation periods, strict procedural rules and the law of evidence. Even the slightest procedural mistake or failure to submit evidence on time may lead to your case being rejected even though you are right, and you may completely lose your rights such as custody, alimony and compensation. Therefore, in this critical period Expert Divorce Lawyer Getting support will secure your future.

Professional Legal Support and Roadmap

Contested divorce cases are long and sensitive trial processes that do not admit of mistakes, where the mutual claims of the spouses are proven with concrete evidence, your future standard of living and the custody rights of your children are determined. Getting professional support at every stage, from writing the petitions in accordance with the law to submitting the evidence to the court, will ensure that you fully protect your rights.

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