Legal distinctions between uncontested and contested divorce

Under Turkish law, divorce proceedings are categorized into two primary methods: uncontested and contested divorce. These distinctions determine the duration of the case, the topics of discussion, and the burden of proof required by the court.

In an uncontested divorce, both spouses must agree on all terms, including child custody, alimony, property division, and compensation. This process requires the marriage to have lasted at least one year. If a comprehensive protocol is prepared and approved by a judge, the proceedings can often be completed in a single hearing.

In a contested divorce, the parties cannot reach an agreement on the divorce itself or its consequences. The legal focus shifts to proving specific grounds for divorce, such as infidelity or the breakdown of the marriage union. In these cases, evidence such as witness testimonies, message records, and documents is critical for the judge to reach a decision.