Uncontested and Contested Divorce – Antalya Divorce Lawyer | Most Frequently Asked Questions

Under Turkish law, uncontested divorce is possible when spouses have been married for at least one year and agree on all consequences of divorce. Their agreement must be written in a divorce protocol covering custody, contact schedule, alimony (temporary, child, spousal), division of assets, jewelry, and any damages. The judge approves the divorce if the protocol is clear, enforceable, and in the child’s best interests. Preparing the protocol with an experienced Antalya divorce lawyer minimizes risk and speeds up the process.

Uncontested divorce cases usually conclude in a single hearing. In Antalya Family Courts, if the protocol and documents are complete, the hearing often lasts just 5–10 minutes and the decision can be finalized the same day. If a spouse does not attend the hearing or the protocol contains omissions or issues contrary to the child’s interests, the case may be adjourned. Proper preparation is key to finishing in one sitting.

Hiring a lawyer is not legally mandatory; spouses may file on their own. However, mistakes in the protocol or petition, or giving the wrong statements in court, can cause adjournments or even turn the case into a contested divorce, which may then take years. In practice, Antalya courts scrutinize arrangements concerning children. Professional guidance prevents loss of rights and increases the likelihood of concluding the case in a single hearing.

The protocol is the document that records the spouses’ full agreement. It should clearly set out custody, personal contact schedule, types and amounts of alimony, division of assets and debts, allocation of jewelry, and any material or moral compensation. Clauses must be unambiguous, feasible, and protect the child’s best interests. Vague or contradictory drafting is a common reason for adjournment; careful wording avoids future disputes.

You will need a petition, the signed divorce protocol, population registry extracts, identity copies, and receipts for court fees and advances. If there are children, documents regarding their schooling or health may be attached. The most frequent issue is an incomplete or poorly drafted protocol; providing a complete file helps ensure a quick result.

Yes. When all legal conditions are met and both spouses attend the hearing to confirm their will, Antalya Family Courts generally conclude uncontested divorces in one session. Adjournments occur mainly due to absence of a spouse, an incomplete protocol, or provisions contrary to the child’s welfare.

Yes. If a spouse withdraws consent at the hearing or the judge finds the protocol unsuitable—particularly on issues affecting the child—the case will proceed as a contested divorce. At that point, the court process involves evidence, witnesses, and potentially expert reports, significantly extending the timeline.

A contested divorce is filed when spouses cannot agree on the terms of divorce or when grounds such as adultery, violence, desertion, ill-treatment, or conduct undermining trust are alleged. These cases are evidence-driven and typically take longer than uncontested divorces. A clear strategy from the outset is crucial.

On average, contested divorce proceedings may last from one to three years, depending on court workload, the number of hearings, evidence collection, witness examinations, and expert reports. Timeframes vary; presenting complete evidence early and narrowing issues helps reduce delays.

Yes. Allegations must be supported by admissible evidence such as witness statements, message or call records, photographs or videos, medical or police reports, and official documents. Evidence obtained unlawfully should not be used, as it risks being excluded and may have legal consequences.

The case continues; the court evaluates the available evidence and the plaintiff’s claims. Proper service and procedural compliance remain essential. Non-attendance may limit the absent party’s chance to respond effectively and can influence the court’s assessment of credibility.

The petition should include the legal ground for divorce, a chronological summary of events, clear requests (custody, alimony, damages), a detailed list of evidence, and legal arguments. Vague or contradictory requests complicate litigation and may prolong the case.

Quality is more important than quantity. Witnesses who directly observed events and can give consistent, impartial testimony are far more persuasive than a larger number with limited knowledge. Planning the witness list carefully is advisable.

Expenses include court fees, advance on costs, and—when necessary—witness, expert, or discovery expenses. Uncontested cases are generally cheaper, while costs in contested cases increase with the number of hearings and expert stages. Official fee schedules change periodically, so budgeting should be updated each year.

Yes. Uncontested divorce is shorter and therefore less expensive. Contested divorce usually entails multiple hearings, extensive evidence, and sometimes experts, which increases total costs. A focused scope and realistic requests help keep expenses under control.

Because the process is brief—often one hearing—less time and effort are required from the attorney. Fee levels also depend on the national minimum fee tariff and case complexity; uncontested matters are typically more economical than contested ones.

Contested cases demand significantly more attorney time: multiple hearings, evidence collection, witness examination, and sometimes expert evaluations. As workload and duration increase, professional fees rise accordingly.

Key factors include the type of case (uncontested/contested), number and scope of requests (custody, alimony, damages), intensity of evidence, need for experts, and estimated duration. As the case scope becomes clearer, the budget becomes more predictable.

Generally, the losing party is ordered to pay the litigation expenses and the opposing party’s attorney fee. In uncontested divorce, spouses may decide to share expenses; stating this clearly in the protocol helps prevent future disputes.

In uncontested divorce, the petition requests dissolution and court approval of the protocol. In contested divorce, it must set out the grounds for divorce, a clear narrative of events, specific requests (custody, alimony, compensation), evidence, and legal basis. Incomplete or inconsistent petitions can prolong the case; precise drafting from the outset is essential.