If one of the spouses does not want a divorce, or if, even though they agree on the divorce, there is no agreement on any one of alimony, custody, division of property or compensation, the case is heard as a contested divorce case (çekişmeli boşanma davası). The difference from an uncontested divorce is that the court examines, on the basis of evidence, whether a ground for divorce exists and what the parties’ fault is. In this article we describe the stages of a contested divorce case, what to watch for in the petition, the evidence and realistic durations.
What grounds can a contested divorce be based on? #
The great majority of cases are based on the ground of irretrievable breakdown of the marriage (severe incompatibility) under Article 166 of the Turkish Civil Code (Türk Medeni Kanunu, TMK). In addition, adultery (art. 161), attempt on life and degrading treatment (art. 162), committing an offence and leading a dishonourable life (art. 163), desertion (art. 164) and mental illness (art. 165) are specific grounds for divorce. For the specific grounds, proving the ground is sufficient, and it need not additionally be proven that the marriage has irretrievably broken down; however, for adultery and for attempt on life and degrading treatment, the case must be filed within 6 months of learning of it and in any event within 5 years. For details of the grounds, see our Istanbul divorce lawyer and family law page.
1. The petition: the document that determines the fate of the case #
In a contested divorce the prohibition on expanding the claim (iddianın genişletilmesi yasağı) applies: once the stage of written pleadings is over, new events cannot be raised without the other party’s consent. For this reason the petition is the most important document of the process. The petition should clearly include:
- The date of marriage and, if any, the children of the marriage and their ages
- The ground for divorce and the concrete events constituting that ground (with dates, places and the people involved)
- The evidence by which each event will be proven: names of witnesses, correspondence, records
- Claims: interim maintenance, custody, child maintenance and spousal maintenance, personal contact, pecuniary and non-pecuniary compensation, wedding jewellery
- Interim measures requested for the duration of the case: use of the family home, temporary custody of the child
Describing the events concretely instead of using general statements such as “my spouse treats me badly” is decisive both in determining fault and in the amount of alimony and compensation.
We explain in detail the mandatory sections of the petition, the claims that must not be forgotten and the mistakes most often made in practice in our article on how to write a divorce petition.
2. The stage of written pleadings #
The petition is served on the other party; the respondent spouse submits a statement of defence within 2 weeks. In this statement the respondent may contest the grounds for divorce or may file a counterclaim, asking for divorce, alimony and compensation themselves. The stage is then completed with the claimant’s reply and the respondent’s rejoinder.
3. The preliminary examination hearing #
At the preliminary examination the court identifies the matters in dispute, encourages the parties to settle, orders the collection of evidence and decides on the requests for interim measures. Interim maintenance (tedbir nafakası) and with whom the child will stay while the case is pending are usually determined at this stage. The parties may be represented by a lawyer; the court may also summon the parties in person for an attempt at settlement.
4. Evidence-taking: witnesses, reports and evidence #
At the evidence-taking stage (tahkikat), the evidence relating to the claims and the defence is collected:
- Witnesses: People who personally witnessed the events are heard. Family members may also be witnesses; accounts based on hearsay have weak probative value.
- Correspondence and records: Messages, e-mails, social media posts, bank transactions, hospital and police records.
- Social investigation report: Where there is a child of the marriage, a pedagogue or social worker examines with which parent it is in the child’s best interests to stay.
- Inquiry into financial circumstances: The parties’ income and assets are investigated to determine the amount of alimony and compensation.
Evidence must be obtained lawfully. Secretly installing software on a spouse’s phone, cracking their password or entering their private space without permission may constitute an offence, and evidence obtained in this way may be disregarded.
5. Oral proceedings and judgment #
When evidence-taking is complete, the parties are asked for their final statements and the court delivers its judgment. In addition to the divorce, the judgment rules on fault, custody, the arrangement for personal contact, the types and amounts of alimony, compensation and the costs of the proceedings. If the court concludes that the ground for divorce has not been proven, it dismisses the case; if common life cannot be re-established for 1 year after the dismissal becomes final, either spouse may this time request divorce on the ground of de facto separation (TMK art. 166/4; this period was reduced from three years to one year by Law No. 7532 on 27 November 2024).
6. Appeal, appeal on points of law and finality #
An appeal (istinaf) may be lodged with the regional court of appeal within 2 weeks of service of the reasoned judgment; against the appeal decision, an appeal on points of law (temyiz) to the Court of Cassation (Yargıtay) is available within the time limit. If no appeal is lodged, the judgment becomes final and is entered in the civil registry. If one of the parties has appealed only in respect of alimony, compensation or custody, the part concerning the divorce may become final separately.
How long does a contested divorce case take? #
In Istanbul’s family courts, a contested divorce case mostly takes 1–2 years at the court of first instance. The appeal stage may add on average between 6 months and 1.5 years. The main factors that lengthen the duration:
- Problems with service and a respondent whose address is unknown
- A large number of witnesses and postponed witness hearings
- Delay in the social investigation report
- Filing of a counterclaim and addition of new claims
If the spouses reach agreement at any stage of the proceedings, the case can be converted into an uncontested divorce and often concludes in a single hearing. For information on costs, see our article on divorce case costs and lawyer’s fees.
Interim measures: what can be sought while the case is pending? #
Because a divorce case lasts for months, interim measures regulating the position of the spouses and the children can be sought while the decision is awaited. The judge may order these measures of their own motion even without a request (Civil Code art. 169).
Frequently requested measures #
- Interim maintenance: Maintenance payable for the spouse and children during the case. It is awarded from the date of the action and, once the decision becomes final, turns into poverty or child maintenance.
- Temporary custody and contact: It is determined with whom the child will stay and on which days the other parent will have contact.
- Allocation of the home: It is decided which spouse will remain in the shared home; the use of household goods may also be regulated.
- Measures over assets: Where there is a risk of assets being moved out of reach, an injunction may be sought over land registry records and bank accounts. The family home annotation is a separate tool that reduces this risk.
Objection to and variation of a measure #
Interim measures are interlocutory in nature; where circumstances change, their variation or lifting may be sought at any stage of the proceedings. If interim maintenance is not paid, enforcement proceedings may be brought; there is also a separate complaint route for unpaid maintenance.
Evidence: what is admitted and what is not? #
What determines the outcome of a contested divorce is proof of fault. Not every piece of evidence, however, enters the file.
| Evidence | Position |
|---|---|
| Witness testimony | Admitted; relatives may also be witnesses and their statements are weighed in determining fault |
| Messages and e-mails received on one’s own phone | Admitted |
| Recordings taken from the spouse’s phone without permission, spyware data | Treated as unlawful evidence; may also constitute an offence |
| Recordings made in the shared living space | There are cases in which this is admitted for evidence at risk of being lost and obtainable in no other way |
| Social media posts and photographs | Public posts are admitted |
| Bank and land registry records | Requested through the court; important for the division of property |
| SMS and call logs | The log for one’s own line may be requested from the operator |
Evidence obtained unlawfully cannot form the basis of a judgment (Code of Civil Procedure art. 189/2); moreover, an investigation for violating the privacy of private life may be opened against the spouse who obtained it. The method followed in gathering evidence is therefore as important as the evidence itself.
Forgiveness, reconciliation and withdrawal of the action #
A spouse who has forgiven or tolerated the event constituting a ground for divorce cannot bring a divorce action based on that event (Civil Code art. 166). Forgiveness may be express or may follow from conduct; continuing to live together after the event, going on a joint holiday or sending messages of reconciliation may in practice be assessed as forgiveness.
Attempts at getting back together while the case is pending may therefore weaken the allegations in the existing file. If reconciliation occurs, there are two routes:
- Withdrawal of the action: The right of action is wholly given up; a fresh action cannot be brought on the same facts. Withdrawal has the effect of a final judgment.
- Leaving the file dormant: The file is removed from the docket; if it is not renewed within three months the action is deemed not to have been brought. This route does not extinguish the right altogether.
In an action based on desertion the position is different: the spouse’s return to the shared home removes the basis of the action. In an action based on the irretrievable breakdown of the marriage the claim is dismissed, and if common life cannot be re-established for three years after that decision becomes final, divorce is granted on the application of either spouse (Civil Code art. 166/4).
Common mistakes #
- Describing the events incompletely in the petition: Because of the prohibition on expanding the claim, adding them later is often not possible.
- Conduct showing that the other party has been forgiven: Continuing to live together after learning of the adultery may extinguish the right to sue.
- Posting about the case on social media: Posts may be submitted by the other party as evidence of fault.
- Not claiming alimony and compensation: After the divorce becomes final, there is only a 1-year time limit for these claims.
- Collecting evidence unlawfully: The evidence may be disregarded and it may also lead to a criminal investigation.
For details on alimony and custody, you can read our guides on types of alimony and custody cases.
