What is Uncontested Divorce?

Uncontested divorce is a form of divorce regulated by the 3rd paragraph of Article 166 of the Turkish Civil Code. It occurs when the spouses have been married for at least one year and agree on all matters related to the divorce (custody, alimony, division of property, etc.), either by jointly applying to the court or by one spouse filing a lawsuit that the other spouse accepts.

What is the Uncontested Divorce Protocol?

In an uncontested divorce, the protocol is a written document that specifies in detail all the issues agreed upon by the spouses (custody, alimony, division of property, etc.). Once approved by the court, it becomes a court ruling and binding.

What is Contested Divorce and How Does it Differ from Uncontested Divorce?

Contested divorce is a path taken when the spouses cannot agree on the legal consequences of the divorce (custody, alimony, division of property, compensation) or on the divorce itself. In such cases, the parties engage in a legal battle in court to protect their rights and interests. Contested divorce cases can take longer, follow a more complex process, and be more emotionally exhausting for the parties compared to uncontested divorces. The court evaluates the evidence presented by the parties to reach a fair solution.

What Does the Conversion of an Uncontested Divorce to a Contested Divorce Mean?

The conversion of an uncontested divorce to a contested divorce occurs when the agreement between the parties on the divorce and its consequences is broken or invalidated. This conversion can happen for various reasons, such as one party not accepting the terms of the agreement or the judge not approving the protocol​​.

Under What Conditions Does an Uncontested Divorce Turn into a Contested Divorce?

The conversion of an uncontested divorce to a contested divorce occurs under certain conditions. Here are the main conditions for this conversion:

1. Withdrawal of Consent by One Party

In the uncontested divorce process, parties must agree on the divorce and its consequences. However, if one party withdraws from this agreement before the divorce decision is finalized, the case turns into a contested divorce.

2. Judge’s Disapproval of the Protocol

In uncontested divorce cases, the judge must review and approve the divorce protocol made between the parties. If the judge makes changes to protect the interests of the children or the parties, and the parties do not accept these changes, the case turns into a contested divorce.

3. Lack of Mandatory Content in the Protocol

The divorce protocol must include mandatory content such as the financial consequences of the divorce and the status of the children. If agreement cannot be reached on these issues, the request for an uncontested divorce is rejected, and the case continues as a contested divorce.

4. Emergence of Disputes Between Parties

During the uncontested divorce process, disputes may arise between the parties regarding the consequences of the divorce. In such cases, the case turns into a contested divorce, and the parties must prove their claims.

5. Withdrawal During the Appeal Process

Parties requesting an uncontested divorce can withdraw this request even during the appeal process. In this case, the uncontested divorce case continues as a contested divorce.

At What Stage of the Uncontested Divorce Case Can It Turn into a Contested Divorce?

An uncontested divorce case can turn into a contested divorce if the parties change their minds before the decision becomes final.

1 – Before the Decision is Finalized:

The Court of Cassation states that parties can change their minds at any stage of the uncontested divorce process and request a contested divorce. Therefore, both parties have the right to change their minds before the decision is finalized.

What Happens if One of the Provisions of the Agreement is Wanted to Be Changed in the Case?

During the hearing, one of the parties may request changes to some of the agreed-upon provisions of the protocol. In this case, the Family Court Judge can arrange the agreement in a way that the parties will agree again. If the parties cannot agree, the agreement is considered broken, and the case continues as a contested divorce.

2 – After the Decision is Finalized:

If one of the parties appeals the agreed provisions such as custody, alimony, participation alimony, compensation after the divorce decision, the agreement is considered broken, and the trial continues as a contested divorce.

What are the Differences Between Withdrawal from an Uncontested Divorce Case and the Conversion of an Uncontested Divorce Case to a Contested Divorce?

Withdrawal from an Uncontested Divorce Case

Withdrawal from an uncontested divorce case refers to the situation where one or both spouses decide to abandon the divorce and not want the case to continue. In this case, even if the case is filed, it is dismissed upon the joint request of the spouses. When the case is dismissed, it has no legal consequences as if it was never filed. The parties can later file for uncontested or contested divorce again.

Legal Consequence:
Withdrawal: The case is dismissed, and it has no legal consequences. The parties can later file for uncontested or contested divorce again.
Conversion to Contested Divorce: The case continues as a contested divorce case. The court decides on issues such as custody, alimony, and division of property.

Will of the Parties:
Withdrawal: It is realized with joint will. Both parties must abandon the divorce.
Conversion to Contested Divorce: It can be realized with unilateral will. One party’s withdrawal from the agreement is sufficient.

Status of the Agreement:
Withdrawal: The agreement is void. The parties can make a new agreement later.
Conversion to Contested Divorce: The agreement loses its validity. The parties are no longer bound by the terms of the agreement.

Role of the Court:
Withdrawal: The court makes a decision to dismiss the case.
Conversion to Contested Divorce: The court makes decisions to resolve the disputes. It makes rulings on issues such as custody, alimony, and division of property.

Process:
Withdrawal: It is a shorter and simpler process. The process ends with the decision to dismiss the case.
Conversion to Contested Divorce: It is a longer and more complex process. The parties present their evidence, witnesses are heard, and the court makes a decision.

Can the Uncontested Divorce Protocol Serve as Evidence in the Case Turned into a Contested Divorce?

The uncontested divorce protocol is an important document showing the issues agreed upon by the parties. However, its binding nature and evidentiary value may be disputed in a contested divorce case. The court takes into account the issues in the protocol while making its decision, but it also evaluates the new requests and evidence of the parties.

Example Case: The defendant stated in the first session that he accepted the case and had no claims for alimony or compensation, but later said he did not want to divorce.

The Court of Cassation ruled as follows: “Although the defendant accepted the case and stated that he had no claims for alimony or compensation in the first session, when he later said he did not want to divorce, the case turns into a contested divorce case. In this case, his statement that he did not want alimony and compensation to secure the uncontested divorce does not mean he has waived these claims.”

What Should Be the Content of the Rectification Petition Given for the Conversion of the Uncontested Divorce Case to a Contested Divorce?

During the uncontested divorce case, the parties can request the conversion to a contested divorce by submitting a rectification petition.

The rectification petition should state that the uncontested divorce case has been converted to a contested divorce case and include the new requests of the parties. The petition should clearly specify the reasons for divorce, custody, alimony, division of property, and other relevant matters. It should also include the points where the parties disagreed or withdrew from the agreement.

Contested Divorce Process

After the rectification petition is submitted, the case continues as a contested divorce case. The court evaluates the parties’ requests and evidence and makes a decision regarding the divorce.

Example Cases Related to the Conversion of Uncontested Divorce to Contested Divorce

Dispute Over Division of Property: Ayşe and Mehmet agree on the division of assets such as the house and car in the uncontested divorce protocol. However, during the hearing, Ayşe demands a larger share and withdraws from the agreement. This leads to the case turning into a contested divorce.

Dispute Over Custody: Zeynep and Ali agree on the custody of the children during the uncontested divorce process. However, before the hearing, Zeynep states that she wants sole custody, withdrawing from the agreement. This dispute turns the case into a contested divorce.

Dispute Over Alimony Amount: Elif and Murat agree on the amount of alimony. However, during the hearing, Elif demands a higher alimony. This leads to the conversion of the uncontested divorce case to a contested divorce.

Compensation Claim: The uncontested divorce protocol of Fatma and Ahmet does not include a compensation clause. However, during the hearing, Fatma demands compensation from Ahmet. This unexpected claim turns the case into a contested divorce.

Revelation of Hidden Assets: During the uncontested divorce process, it is revealed that Can has hidden assets. This leads Deniz to demand a larger share of the assets, turning the case into a contested divorce.

Claim of Violence: Aslı and Burak sign an uncontested divorce protocol. However, during the hearing, Aslı claims that Burak has been violent towards her. This claim turns the case into a contested divorce and necessitates an investigation into the violence claim.

Claim of Infidelity: During the uncontested divorce process, Ceren claims that Emre has been unfaithful. This claim shakes the trust between the parties and leads to the conversion of the case to a contested divorce.

Psychological Issues: During the divorce process of Gamze and Hasan, it is revealed that Gamze has psychological issues. This causes Hasan to be concerned about custody and withdraw from the agreement. The case turns into a contested divorce.

Family Pressure: Selin and Demir decide on an uncontested divorce, but Selin withdraws from the agreement due to family pressure. This turns the case into a contested divorce.

Insults and Ill-Treatment: During the hearing, Pınar and Mert insult and mistreat each other. This causes the judge to convert the uncontested divorce case into a contested divorce.

What are the Consequences of the Conversion of an Uncontested Divorce Case to a Contested Divorce?

Extension of the Process: While uncontested divorce cases usually conclude quickly, contested divorce cases can take much longer. Disputes between the parties increase the number of hearings, extending the process.

Increase in Costs: Contested divorce cases can be more costly due to attorney fees and other court expenses compared to uncontested divorces. The extension of the process also increases these costs.

Emotional Strain: The contested divorce process can cause tension, stress, and emotional strain between the parties. Especially disputes over issues like custody and alimony can make this process more challenging.

Uncertainty of the Decision: In an uncontested divorce, the parties determine the outcomes in advance, while in a contested divorce, the decision is left entirely to the court. This situation can create uncertainty and anxiety for the parties.

Negative Effects on Children: The contested divorce process, especially disputes over custody, can have negative effects on children. Children may be exposed to conflicts between their parents, which can negatively impact their psychological development.

Frequently Asked Questions:

Can the decision of an uncontested divorce be appealed after it is issued?

Yes, parties can submit their objections, if any, with an appeal petition within 2 weeks of receiving the notification.

Is the previously prepared protocol valid when an uncontested divorce turns into a contested divorce?

Except for the disputed issues, the protocol remains valid.

Does the case process extend when an uncontested divorce turns into a contested divorce?

Yes, the process extends and may involve multiple hearings.

What are the rights of the parties when an uncontested divorce turns into a contested divorce?

Parties have the right to present their claims and defenses, submit evidence, and call witnesses as in a contested divorce case.

Is it mandatory for parties to hire a lawyer when an uncontested divorce turns into a contested divorce?

No, it is not mandatory, but hiring a lawyer can help better protect their rights.

Does the court consider the previous agreement when an uncontested divorce turns into a contested divorce?

The court considers the previous agreement in undisputed matters.

Is it necessary to file a new lawsuit when an uncontested divorce turns into a contested divorce?

No, the case continues as a contested divorce on the same file.

Can the party who agreed to pay alimony in an uncontested divorce be relieved from alimony in a contested divorce?

Yes, depending on fault and economic conditions, the court can remove or reduce the alimony obligation.

How is the amount of alimony determined in a contested divorce?

The court determines it considering factors such as the fault of the parties, their income levels, the condition, and needs of the children.

Can the alimony amount agreed upon in an uncontested divorce be changed in a contested divorce?

Yes, the court can change the alimony amount due to changes in the parties’ economic situations or increased needs of the children.

What happens to the custody agreement in the uncontested divorce protocol if the case turns into a contested divorce?

In case of disputes, the court reconsiders custody, prioritizing the best interests of the child.

Can the party who obtained custody in an uncontested divorce lose custody in a contested divorce?

Yes, if the court finds that it is in the child’s best interest to stay with the other parent, custody may change.

Does the party who loses custody in a contested divorce have the right to establish a personal relationship with the child?

Yes, the party who loses custody has the right to establish a regular personal relationship with the child. The court determines the days and conditions of personal contact.

What happens to the property division agreement in the uncontested divorce protocol if the case turns into a contested divorce?

In case of disputes, the court reconsiders the property division.

Does the property division agreement made in an uncontested divorce lose its validity in a contested divorce?

Except for disputed matters, the agreement remains valid.

How is property division carried out in a contested divorce?

It is done according to the provisions of the legal or contractual property regime, if any. The court evaluates the parties’ contributions and other factors to decide on property division.

What happens to the compensation agreement in the uncontested divorce protocol if the case turns into a contested divorce?

In case of disputes, the court reconsiders the amount of compensation.

Can the party who agreed to pay compensation in an uncontested divorce be relieved from compensation in a contested divorce?

Yes, depending on the fault and economic conditions, the court can remove or reduce the compensation obligation.

How is the amount of compensation determined in a contested divorce?

The court determines it considering factors such as the fault rates of the parties, their economic conditions, the damages caused by the divorce, and other factors.

How is the payment method and duration of compensation determined in a contested divorce?

The court decides on lump sum or installment payments and the duration of payments, considering the parties’ economic conditions and other factors.

Does the court recommend mediation when an uncontested divorce turns into a contested divorce?

Yes, the court may recommend mediation to encourage the parties to reach an agreement.

How is the psychological state of the parties affected when an uncontested divorce turns into a contested divorce?

The contested divorce process can be more stressful and exhausting for the parties. Therefore, it may be beneficial for them to seek psychological support.

Can the parties change their lawyers when an uncontested divorce turns into a contested divorce?

Yes, parties can change their lawyers at any time.

Can the parties appeal the decisions on alimony, custody, or property division after a contested divorce case?

Yes, the parties can appeal to the court of appeal within 2 weeks from the notification of the decision.

Can the child’s surname change after an uncontested divorce case turns into a contested divorce?

Yes, upon the request of the party who obtained custody, the court can decide to change the child’s surname.

Can the parties reach a new agreement after the uncontested divorce case turns into a contested divorce?

Yes, parties can reach a new agreement at any stage of the case and revert to an uncontested divorce.

What happens if one of the parties dies after the uncontested divorce case turns into a contested divorce?

The divorce case is dismissed, and inheritance law rules apply.

What happens if one of the parties is declared missing after the uncontested divorce case turns into a contested divorce?

The case continues with the appointment of a representative for the missing party.

What happens if one of the parties becomes mentally ill after the uncontested divorce case turns into a contested divorce?

The case continues with the appointment of a guardian for the mentally ill party.

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