Divorce proceedings are a difficult period both emotionally and legally. In this process, it is crucial for the parties to know their rights and act accordingly, as this will contribute to the quicker and healthier conclusion of the case. In this article, we have compiled the main legal details, common issues, and how the process works in divorce cases under 10 headings.
What Types of Divorce Cases Are There?
Divorce cases are divided into two main categories: mutual divorce and contested divorce. A mutual divorce case is filed when both parties agree on all legal consequences, and it is concluded quickly. The parties prepare a protocol regarding issues such as alimony, custody, and property division, and submit it to the court. In these cases, the parties agree on all financial and child-related consequences of the divorce, and the divorce process is completed with the protocol submitted to the court. Mutual divorce cases usually conclude in a few months, and since there is no major disagreement between the parties, the process is completed in a very short period. In mutual divorce cases, the parties have resolved all the financial and child-related matters among themselves.
A contested divorce is filed when the parties cannot agree on these matters. The process can be longer and more exhausting. The court decides based on witness statements and evidence. In these cases, gathering witness statements, written documents, and other evidence can be more complex and time-consuming. Contested divorce cases are filed when there are serious disagreements between the parties, and this process can extend due to the court examining the necessary evidence to resolve the disputes between the parties. Contested divorce cases can usually last for years and can cause financial and emotional exhaustion for the parties.
The Importance of Gathering Evidence in Divorce Cases
In divorce cases, evidence plays a crucial role in supporting the parties' claims. Written documents, witness statements, message records, photographs, and digital evidence can be presented to the court. The evidence must be obtained legally and presented in a timely manner. Evidence obtained illegally will be deemed invalid by the court.
Children's Situation and Custody in Divorce Cases
One of the most important issues in divorce cases is the situation of the children. When deciding on child custody and alimony, the court prioritizes the best interests of the children. Custody determines who the child will live with and who will take care of the child. The court considers factors such as the child's age, health condition, education, and the living conditions of the parents when deciding on custody. If the parties are in dispute regarding custody, they try to prove to the court that it would be more appropriate for the child to stay with them by presenting evidence.
The court makes its custody decision with the aim of ensuring that the child grows up in a healthy and safe environment. Factors such as the environment the child lives in, the parents' financial situation, and the child's educational and health needs play an important role in the custody decision. The custody is given to the parent who will best meet the child's emotional and physical needs. Additionally, the parent who has custody is obliged to ensure regular visitation with the other parent. The court also arranges financial support for child care, which is called alimony, to meet the child's needs.
What Types of Alimony Are There?
In a divorce case, three types of alimony may be discussed: precautionary alimony, participation alimony (for children), and poverty alimony (for the spouse who becomes financially weaker). The amount of alimony is determined based on the income of the parties.
How is Property Division Handled in Divorce Cases?
The property acquired during the marriage is generally shared equally. Real estate, vehicles, savings, and valuable items fall under this category. The contribution of the parties, whether there is a property regime contract, and special circumstances may affect the division.
How the property acquired during the marriage will be divided is determined either in the divorce protocol or by the court's decision. If the parties cannot agree on property division, the court will make a fair division according to legal regulations. During property division, the contributions and needs of both parties are taken into account. The real estate, savings, vehicles, and other tangible assets acquired during the marriage are evaluated during the property division process. The court makes a fair division by considering the contributions of the parties during the marriage and their future needs.
Property division covers many elements such as real estate, savings, vehicles, and other tangible assets acquired during the marriage. The court evaluates the income the parties earned during the marriage and the investments made during that time. A fair property division aims to prevent the parties from facing economic difficulties and ensure that the divorce process is concluded justly. During the property division process, both the financial and emotional contributions made by the parties are taken into account. Additionally, the future financial needs of the parties are considered, and a fair division is made.
How Long Does a Divorce Case Take?
Mutual divorce cases usually conclude within a few weeks to a few months, while contested cases may take years due to the evidence and witness processes. To ensure the case progresses quickly, the parties must submit all documents correctly and attend hearings regularly.
The Importance of Legal Support in Divorce Cases
Divorce cases are complex, so it is advisable to proceed with legal support. A lawyer prevents the loss of rights, manages the presentation of evidence, and directs legal strategy. Additionally, the lawyer ensures proper guidance in protocol preparation, the litigation process, and enforcement stages.
How is a Divorce Protocol Prepared?
A divorce protocol prepared for mutual divorce is a written document that clearly and explicitly states issues such as alimony, custody, and property division. The protocol must be signed by both parties before being submitted to the court and should be applicable.
Legal Status After Divorce
After the divorce, the marital status of the parties changes, and the right to remarry is granted. However, obligations such as alimony, custody, and enforceable provisions continue. During this process, new claims may arise and these should be resolved according to court decisions.
Where is the Competent and Authorized Court for Divorce Cases?
Divorce cases are handled by Family Courts. In places where there is no Family Court, Civil Courts of First Instance deal with these cases as Family Courts.
A mutual divorce case should be filed in the Family Court where one of the spouses resides or where the spouses last lived together for the last six months before the date of the lawsuit.
Common Mistakes in Divorce Cases and Things to Be Careful About
Presenting illegal evidence, not attending hearings, and preparing incomplete protocols can negatively affect the course of the case. Therefore, every step in the litigation process should be carefully taken, and it should preferably be conducted with expert support.
In divorce cases, gathering evidence is one of the most important factors determining the course of the case. Evidence is used to prove the reasons for divorce and to support the parties' claims. Evidence can include witness statements, written documents, photographs, and electronic communication records. The timely and lawful presentation of evidence ensures that the case proceeds quickly and fairly. During the evidence collection phase, it is important for the parties to act within legal boundaries. Evidence obtained illegally is not accepted by the court and can lead to adverse consequences for the party. Therefore, it is crucial to proceed with legal guidance during the evidence collection phase to ensure the legal process progresses smoothly.
Originally published 10 April 2025
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
