The Divorce Process for Newlyweds

Divorce Process for Newlyweds | Divorce Lawyer in Izmir

The Divorce Process for Newlyweds

We frequently see news on social media about celebrities with headlines like "They were married for a week" or "They divorced at lightning speed." However, when we examine the provisions of the civil code regarding divorce, we see that there are two types of divorce: consensual and contested; and that to be eligible for a consensual divorce, the couple must have been married for at least one year.

Therefore, the divorce process for newly married couples cannot end with an amicable divorce. In other words, spouses who have been married for only a week cannot terminate their marriage by filing an amicable divorce lawsuit. The completion of a one-year period after filing the lawsuit is also irrelevant. If an amicable divorce is desired, a new lawsuit must be filed. This is because the law requires that the parties be married for at least one year for an amicable divorce. 

So how accurate are these reports? In other words, is it possible for newly married couples to get divorced as quickly as possible within the framework of legal provisions? In this article, we will discuss the effect of the duration of marriage on divorce cases and the factors that allow for a faster resolution of the case. Let's examine them:

The above states that parties who do not meet the one-year requirement cannot file for an amicable divorce. Therefore, the path that newly married individuals will choose in the divorce process will be a contested divorce case or grounds for annulment.

1. In a Contested Divorce Case:

There is no set duration for filing a contested divorce case. Therefore, a divorce case can be filed even immediately after the marriage ceremony. For a divorce, the lawsuit must first be filed, and the petition phase, preliminary examination, investigation, oral hearing, decision phase, and appeal procedures must be completed. Legally, all of these can be completed within a week. A response can be submitted immediately after the lawsuit is filed. The plaintiff can state that they will not respond to the response, and the defendant can state that they will not submit a second response (or they can submit both). The preliminary hearing can be held immediately, and the investigation, oral hearing, and decision phases can be completed in the same hearing. If the parties waive their right to appeal after the reasoned judgment is written, the decision can be finalized and the case closed. 

To summarize the process from the parties' perspective, spouses can contract with a law firm and appoint two different lawyers from that firm to represent them. The advantage of this is that as soon as one lawyer files the lawsuit, the other lawyer can submit the response without delay, and the lawyers can promptly request a hearing date.

The key point to note here is that the fundamental condition for newly married couples to complete the divorce process quickly is that the claims should be straightforward and require minimal investigation, and the evidence proving the grounds for divorce should have strong probative value. For example, the time it takes to conclude a case involving a claim for compensation will differ from that without a claim for compensation. Similarly, the absence of a request for alimony, or if applicable, the absence of a request for child custody by either party, will help shorten the divorce proceedings. Therefore, the divorce request should be presented in its simplest form, without complicating matters, and the exchange of petitions should proceed swiftly.

There is no rule preventing spouses from remarrying after a divorce. Spouses who have decided to divorce can go back to the marriage registry office. Women are not even required to wait for the prescribed waiting period before remarrying. However, it is very important to not rush into matters related to the ancillary aspects of the divorce and to conduct thorough research to obtain information in order to avoid losing rights. Because a single statement recorded in the minutes could lead to financial losses and the forfeiture of existing rights.

 In newly married couples, contested divorce cases are often filed not due to incompatibility, but due to issues such as alcohol abuse, violence, or gambling addiction. The one-year period stipulated by the legislator for amicable divorce cases is the minimum time required for the foundation of the marriage to be established. In other words, while individuals married for only two months may not experience events that constitute severe incompatibility, it is possible for these to occur within a year.

2. Due to Relative Nullity

Relative nullity of marriage occurs when, although the constituent elements of marriage have been formally fulfilled and a marital relationship has been established, the marriage is void because it does not meet certain conditions stipulated by law. Newly married individuals cannot immediately divorce by mutual agreement. However, if a couple has married under duress or threat, one or both spouses may have the right to withdraw from the marriage. Let's examine the legal provisions concerning relative nullity:

Article 148– A spouse who temporarily lost their capacity to make reasoned decisions at the time of marriage may sue for the annulment of the marriage.

Article 149– One spouse may sue for annulment of marriage in the following cases: a. If they mistakenly consented to the marriage even though they never wanted to marry or did not intend to marry the person they married; b. If they married under the mistaken belief that their spouse possessed a significant quality that, if absent, would make cohabitation unbearable.

Article 150- One spouse may sue for annulment of marriage in the following circumstances: a. If the other spouse was deceived into marrying by being directly or indirectly misled about their honor and reputation, or by someone else acting with their knowledge; b. If a serious illness posing a grave threat to the health of the plaintiff or their descendants was concealed from them.

Article 151– A spouse who was forced to marry under duress, threatening their own life, health, or the honor and reputation of a close relative, may sue for the annulment of the marriage.

MArticle 152 of the Law According to the law: "The right to file an annulment lawsuit expires six months from the date the grounds for annulment were learned or the effect of the fear ceased, and in any case, five years after the marriage." This period is a forfeiture period.

As you can see, a marriage lasting less than a year is not an obstacle to divorce. No one can, or should, be forced to remain married to someone they don't want to be married to. Contact us for assistance with the divorce process and legal advice. Contact page.

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