What is an Uncontested Divorce Case


What is Uncontested Divorce (Single Session Divorce)?

As the name suggests, it is the type of case in which spouses who want to terminate the institution of marriage reach an agreement on divorce. At the same time, couples must have reached an agreement on issues such as alimony, compensation, property division, custody, together with the divorce decision. Conditions are specified in Article 166 and the third paragraph of the Turkish Civil Code. In the article of the law, there is a condition that the parties agree to the situation of the children and the regulation adopted in financial matters. It is not enough for the relevant protocol conditions to be in compliance with the law, if the other spouse does not accept, the judge will decide not to divorce.

Contrary to the contested divorce, the uncontested divorce process ends in a single session and on the same day, it is the shortest and most convenient way to leave. A contested divorce takes longer than an uncontested divorce. In the news broadcasts, it is seen that the divorce process is wearing and there are some violent incidents. Contrary to uncontested divorce, we see news based on death or violence in contested divorce cases.

As a summary of the uncontested divorce comments, it is the case in which both parties agree on the divorce and the elements related to the divorce. It is a trial that lasts only 2 or 3 minutes and can take up to 10 days to 1 month in total. The grounds for divorce such as cheating, adultery, abandonment, and the deterioration of the marriage union are not questioned. In addition, justified evidence and proof elements regarding divorce are also not important. It is sufficient for the parties to arrange protocols in accordance with the law. Uncontested divorce fees and costs must be deposited when filing a lawsuit.

Couples who cannot get divorced through uncontested divorce will be divorced by applying for a contested divorce without ignoring the law. Since the couples who are divorced by agreement or contention will not have any official ties, they will not be able to benefit from the inheritance status according to the inheritance law.

The issue of how to open an uncontested divorce case is important. Family courts are in charge, they are located in every province or some districts. If it is filed outside of the family court, the divorce case will be rejected with the provision of non-jurisdiction. However, where there are no family courts, the civil courts of first instance will be in charge.

It is not based on the witness statement, so it is appropriate for the spouses to fulfill their will at the hearing. Another issue is that if the other spouse is a foreign national, they can be divorced in Turkey through a consensual divorce. In that case, it is necessary to know that the fact that one of the spouses is not a Turkish citizen does not prevent the couples from getting divorced.

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