Contested Divorce Cases: Frequently Asked Questions

Contested Divorce Case | Divorce Lawyer in Izmir | Law Firm in Izmir

1-My spouse doesn't want a divorce, what happens in this situation?

Just because your spouse doesn't want a divorce doesn't mean you can't get one. No one can be forced to stay married to someone they don't want to be married to. In a lawsuit filed by either party, proving the grounds for divorce is sufficient. Furthermore, even if your spouse wants a divorce, if you have disagreements regarding the custody of minor children, child support, alimony, or financial and compensation claims arising from divorce law, the lawsuit you file will be a contested divorce case.

2. How long does a contested divorce case take?

It is difficult to give a precise timeframe for this, as numerous variables affect the duration of a case. The court's workload, the notification process, the claims and demands of the parties, and the necessary investigations such as on-site inspections and expert examinations, the number of witnesses to be heard, judicial recesses, measures taken by administrative authorities regarding pandemics (COVID-19), special circumstances related to the court, and the specific circumstances of the parties and their lawyers can all affect hearing dates. However, it is possible for the case to be concluded in 3-4 sessions, including a preliminary hearing and two or three investigative hearings. Even obtaining a social investigation report (SIR) regarding custody, if there are children involved, is a process in itself.

3. What is the time limit for appealing and filing a cassation appeal against a decision in a contested divorce case?

Except for a limited number of definitive judgments rendered by the courts, the majority of decisions are subject to appeal. In divorce cases, parties have the right to appeal the family court's decision to both the appellate court and the cassation court. The time it takes for the appellate review to conclude varies depending on the workload of the regional courts of appeal. We can say that the review process for divorce cases in regional courts of appeal can take approximately one year. The cassation review by the Supreme Court of Appeals, however, is generally completed in less than a year.   

4. We own a house/car registered in my spouse's name. In a contested divorce case, can I request the division of these assets?

You need to file a separate lawsuit for this. Claims for participation shares, contribution shares, and value increase shares arising from the termination of the marital property regime between spouses must be filed within ten years from the date the divorce decree becomes final (Supreme Court of Appeals, General Assembly of Civil Law, April 17, 2013, Case No. 2013/8-375, Decision No. 2013/520).
These matters will be heard in a separate case in family court. Even if you file such a case before the divorce case is finalized, the court will treat it as a preliminary issue and wait for the divorce case file to be concluded.
 

5. We haven't been married for a year yet. Can I still file for a contested divorce?

Unlike amicable divorce cases, there is no specific duration requirement for filing a contested divorce case. You can file one.

Let's answer a frequently asked question about amicable divorces within this question. As is known, the law requires a one-year marriage to be eligible for an amicable divorce agreement. However, this does not mean that individuals will experience a lengthy divorce process. Because, if both parties wish to divorce after filing a contested divorce case, and an agreement is given after the case is filed, it becomes possible to shorten the process and have the divorce granted immediately.
 

6. Is it necessary to hire a lawyer in a contested divorce case?

We'd like to answer this question with a phrase we learned in university: "A case is won or lost on procedural grounds." This means that even if you file for divorce using a general statement like "I want to divorce my spouse due to severe incompatibility," divorce cases are decided based on both general and specific reasons. in the law It is listed under many headings.

The role of lawyers in divorce cases is to possess the knowledge and experience to understand which legal articles your problem falls under and what evidence can be used to prove it. For example, simply writing and submitting a response to a divorce case filed against you can lead to serious loss of rights. What should be done is to file a counterclaim if your claims and evidence differ. In another example, if someone seeking a divorce wants alimony, they should first request that it be awarded as interim alimony; and after the divorce case is finalized, they should request that it continue as permanent alimony. However, individuals often present these points incompletely in their divorce cases due to a lack of legal knowledge.

Such simple procedural errors are frequently encountered in practice and, unfortunately, lead to the loss of a large percentage of divorce cases. Therefore, just as we wouldn't cut our own hair, it is essential to seek the support of an expert lawyer in a legal process that will affect our entire lives.

For legal advice on this matter, please contact our expert team. Contact page.

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