Uncontested Divorce Cases: Quick and Simple Solutions

Uncontested divorce, known as "Anlaşmalı Boşanma" in Turkish law, requires that the marriage has lasted at least one year. If the marriage duration is less than one year, spouses cannot file for an uncontested divorce.

Spouses can apply for an uncontested divorce jointly in the family court, or one spouse can file, provided the other accepts it during the hearing. Even if a lawyer represents the spouses, they must attend the hearing in person to confirm their intent to divorce.

The judge must hear both spouses during the hearing and ensure that they agree voluntarily and on the terms outlined in their protocol. The judge may also modify the protocol, especially regarding the welfare of minor children. The judge’s amendments must be accepted by both spouses during the hearing.

A valid divorce protocol must address the financial consequences of the divorce, such as material and moral compensation, alimony, and the conditions regarding joint children, such as custody, child support, and personal relations. The protocol must be clear, unambiguous, and not subject to any conditions.

The finalized divorce protocol can be modified or canceled if there are valid reasons. Any modifications or annulments must be addressed by the family court.

• Marriage Duration: The marriage must last at least one year.
• Personal Presence: Spouses must attend the hearing personally.
• Clear Protocol: The protocol must clearly outline terms without conditions.

In summary, uncontested divorce provides a faster and simpler way to end a marriage, as long as the spouses agree on the terms and meet the legal requirements. Ensuring a properly drafted protocol and complying with the court’s requirements are essential for a successful divorce.

This article is written by Av. Hüseyin Bayar and belongs to Bayar Hukuk Bürosu. It cannot be copied or reproduced without permission.