The first question spouses face after deciding to divorce is which route the process will take. Turkish law offers two main routes: uncontested divorce and contested divorce.
Uncontested divorce
This is where the spouses agree both on the divorce itself and on its consequences. Matters such as custody, contact with the children, alimony and division of property are set out in a protocol. Drafting the protocol clearly and completely is very important for preventing disputes later. Whether the legal conditions for an uncontested divorce are met in the specific case should also be assessed.
Contested divorce
When one spouse does not want to divorce, or no agreement can be reached on the consequences, the matter proceeds as a contested case. In these cases the parties support their claims with evidence; witness statements, correspondence and other documents become important. Contested proceedings are usually longer and more stressful.
How to prepare
Whichever route is chosen, organising civil registry records, documents relating to assets and information about the children in advance makes the process easier. Even in a contested case, the parties may still agree on some matters; this possibility should be considered at every stage.
This article is for general information only; please consult a lawyer about your specific situation.