Divorce Case Before 1 Year of Marriage in Turkey

Is It Possible to Divorce Before One Year in Turkish Law?

Marriage doesn’t always end in a happy conclusion, and some couples might decide to end their marriage. The first question that comes to mind in this situation is how and in what way the divorce will take place. Especially if the marriage hasn’t completed one year, the process can become even more complex.

In our article, we will answer the questions “Is it possible to divorce before one year in Turkey?” and “Is alimony possible in case of divorce before one year?”.

Is Mutual Consent Divorce Possible Before One Year?

According to the Turkish Civil Code, if the marriage has lasted one year and the spouses agree on the divorce, they can file for a mutual consent divorce.
In this type of case, all financial and emotional consequences of the divorce are predetermined between the parties and formalized in a protocol.

The protocol is reviewed by the court, and if deemed appropriate, a decision for divorce is made in a single session.

However, if the marriage hasn’t completed one year, it is not possible to divorce by mutual consent. In this case, a contested divorce must be filed.

Contested Divorce Before One Year

In a contested divorce case, the divorce and all its financial and emotional consequences are resolved by the court during the trial. According to the Turkish Civil Code, a mutual consent divorce cannot be carried out in marriages lasting less than one year. Therefore, a contested divorce must be filed in this case.

How to Speed Up the Contested Divorce Process in Marriages Lasting Less Than One Year?

Contested divorce cases can generally take longer, but it is possible to speed up the process. Factors such as the parties’ clear stance on divorce, showing the judge that the situation is in their favor, and having clear and explicit demands can speed up the process. Additionally, the absence of claims such as compensation and alimony can result in a faster conclusion.

What Happens If One Year Passes During the Divorce Process After Filing a Divorce Case Before One Year?

If a divorce case is filed before one year and one year passes while the case is ongoing, it is possible for the parties to switch to a mutual consent divorce by signing a mutual consent divorce protocol. In this case, the divorce can be concluded in a single session.

Can Alimony Be Requested in Divorces Before One Year in Turkey?

Alimony is the amount of money paid by one spouse to the other or to the children in cases where the marriage union ends or is temporarily dissolved, to support the spouse or children with weaker financial standing. Alimony aims to meet the basic needs and maintain the welfare level of the spouses and children.

According to the Turkish Civil Code, there is no time restriction for obtaining the right to alimony. Therefore, alimony can be requested in case of divorce before one year. The judge will rule on an appropriate alimony based on the parties’ circumstances.

You can also read our following articles:

For more help or consultation on this topic, please contact us.