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The page explains contested divorce actions in Adana with reference to the wording of the statute and a decision of the Court of Cassation. The general ground for divorce is the fundamental breakdown of the union of marriage (Turkish Civil Code, TMK, Art. 166/1); the respondent has a right to object against a claimant whose fault is greater (Art. 166/2). For the grounds of adultery and attempt on life, the law has provided peremptory periods of six months and five years (Art. 161, 162). Unlawfully obtained evidence is not taken into account (Code of Civil Procedure, HMK, Art. 189/2). The judge takes interim measures of their own motion for the duration of the proceedings (Art. 169), and the spouse not at fault or less at fault may claim compensation (Art. 174). In its decision dated 19.02.2025, E. 2024/3182, K. 2025/1692, the 2nd Civil Chamber of the Court of Cassation reversed the divorce judgment in an action in which no fault could be attributed to the respondent.
This summary is provided for general information purposes. Specific legal matters require individual assessment.
What Do We Do in Your Action as an Adana Contested Divorce Lawyer?
As an Adana contested divorce lawyer, we conduct before the Adana Family Courts actions in which the spouses cannot agree on the divorce itself, fault, custody, maintenance or compensation. In a contested action, the court determines the events and the fault according to the evidence submitted by the parties; for this reason, we build the file with a plan of proof from the first day.
The difference from the protocol-based route described on our Adana lawyer for divorce by mutual consent page is the need to prove each disputed issue separately. Together with you, we determine which events are to be described in the statement of claim, on which date and with which evidence; the risk that facts raised later will not be heard makes this plan important. When choosing among Adana contested divorce lawyers, we recommend that the file be assessed openly at the first meeting. The general framework of the divorce process is set out on our Adana divorce lawyer page.
Adana Severe Incompatibility Lawyer: Fundamental Breakdown of the Union of Marriage
In practice, most contested divorce actions are based on the general ground for divorce referred to as severe incompatibility (şiddetli geçimsizlik). The law requires that the common life has been fundamentally shaken to such a degree that continuing it cannot be expected of the spouses.
"Evlilik birliği, ortak hayatı sürdürmeleri kendilerinden beklenmeyecek derecede temelinden sarsılmış olursa, eşlerden her biri boşanma davası açabilir." "Yukarıdaki fıkrada belirtilen hallerde, davacının kusuru daha ağır ise, davalının açılan davaya itiraz hakkı vardır. Bununla beraber bu itiraz, hakkın kötüye kullanılması niteliğinde ise ve evlilik birliğinin devamında davalı ve çocuklar bakımından korunmaya değer bir yarar kalmamışsa boşanmaya karar verilebilir."
"If the union of marriage has been so fundamentally shaken that the spouses cannot be expected to continue their common life, either spouse may file an action for divorce." "In the cases specified in the paragraph above, if the claimant's fault is greater, the respondent has the right to object to the action filed. However, if this objection amounts to an abuse of right and no interest worthy of protection remains for the respondent and the children in the continuation of the union of marriage, divorce may be ordered." (Unofficial translation)
The first point we focus on in these actions is that the events that caused the breakdown are described in concrete terms. Saying "we cannot get along" is not considered sufficient; we set out events such as insults, indifference, economic pressure, interference by family members in the marriage or conduct that undermines trust, with dates and evidence.
The law regulates one further situation: if the judgment dismissing an action filed on any ground for divorce has become final, one year has passed from the finality of the judgment and the common life could not be re-established during this period, the court orders divorce at the request of one of the spouses (TMK Art. 166/4). A detailed account of the concept of severe incompatibility is given in our article on the contested divorce action; on this page we focus on the practice of conducting the action in Adana.
Special Grounds for Divorce: Adultery, Attempt on Life, Offence, Abandonment and Mental Illness
Alongside the general ground, the law has also listed special grounds for divorce separately. Some of these are subject to peremptory periods, and if the period is missed, the possibility of relying on that ground ceases to exist.
Adultery (TMK Art. 161)
"Eşlerden biri zina ederse, diğer eş boşanma davası açabilir. Davaya hakkı olan eşin boşanma sebebini öğrenmesinden başlayarak altı ay ve her halde zina eyleminin üzerinden beş yıl geçmekle dava hakkı düşer. Affeden tarafın dava hakkı yoktur."
"If one of the spouses commits adultery, the other spouse may file an action for divorce. The right of action lapses six months after the spouse entitled to sue learns of the ground for divorce and, in any event, five years after the act of adultery. The party who has forgiven has no right of action." (Unofficial translation)
Attempt on Life, Severe Maltreatment or Degrading Conduct (TMK Art. 162)
"Eşlerden her biri diğeri tarafından hayatına kastedilmesi veya kendisine pek kötü davranılması ya da ağır derecede onur kırıcı bir davranışta bulunulması sebebiyle boşanma davası açabilir. Davaya hakkı olan eşin boşanma sebebini öğrenmesinden başlayarak altı ay ve her halde bu sebebin doğumunun üzerinden beş yıl geçmekle dava hakkı düşer. Affeden tarafın dava hakkı yoktur."
"Either spouse may file an action for divorce on the ground that the other has made an attempt on their life, has treated them very badly or has engaged in seriously degrading conduct towards them. The right of action lapses six months after the spouse entitled to sue learns of the ground for divorce and, in any event, five years after this ground arose. The party who has forgiven has no right of action." (Unofficial translation)
Commission of an Offence and Living a Dishonourable Life (TMK Art. 163)
Where one of the spouses has committed a degrading offence or is living a dishonourable life and, for this reason, the other spouse cannot be expected to live with them, the law has not provided a time limit for this ground; the action may be filed at any time.
Abandonment (TMK Art. 164)
"Eşlerden biri, evlilik birliğinden doğan yükümlülüklerini yerine getirmemek maksadıyla diğerini terk ettiği veya haklı bir sebep olmadan ortak konuta dönmediği takdirde ayrılık, en az altı ay sürmüş ve bu durum devam etmekte ve istem üzerine hakim veya noter tarafından yapılan ihtar sonuçsuz kalmış ise; terk edilen eş, boşanma davası açabilir."
"Where one spouse has left the other with the intention of not fulfilling the obligations arising from the union of marriage, or has not returned to the common home without a justified reason, the abandoned spouse may file an action for divorce if the separation has lasted at least six months, this situation continues, and a warning given upon request by the judge or a notary has remained without result." (Unofficial translation)
On the ground of abandonment, the timing and content of the warning directly affect the outcome of the action; before preparing the request for a warning, we establish the starting date of the separation with documents.
Mental Illness (TMK Art. 165)
If, because of one spouse's mental illness, the common life has become unbearable for the other spouse, divorce may be requested provided that it is established by an official medical board report that there is no possibility of the illness being cured.
Fault in Divorce and Evidence in Contested Divorce
In divorce, fault directly affects not only the divorce judgment but also claims for compensation and post-divorce maintenance (yoksulluk nafakası, maintenance for the spouse who would fall into poverty because of the divorce). The court determines the fault of the parties by comparing it; an event that is not raised or not proven is not included in the assessment of fault. The types of evidence most frequently relied on in contested divorce are as follows:
- Statements of persons who directly witnessed the events; we prepare the list of witnesses by matching it event by event.
- Message correspondence between the parties and content sent directly to the person.
- Records of publicly available posts on social media.
- Official records such as hospital records, reports of physical assault, law enforcement reports and protection orders.
- Bank transactions and documents showing economic pressure.
Under HMK Art. 189/2, evidence obtained unlawfully is not taken into account in proving a fact. Accessing a spouse's phone without permission, covert listening or using a tracking device may both render the evidence invalid and give rise to separate criminal liability. We recommend that you speak with us before starting to collect evidence.
Interim Measures During the Proceedings and Compensation in Divorce
As soon as a contested divorce action is filed, the judge is obliged to take, of their own motion, interim measures that will remain in force until the action is concluded. Interim maintenance (tedbir nafakası, maintenance ordered while the proceedings continue), the use of the common home and with whom the children will stay temporarily are addressed within this scope.
"Boşanma veya ayrılık davası açılınca hakim, davanın devamı süresince gerekli olan, özellikle eşlerin barınmasına, geçimine, eşlerin mallarının yönetimine ve çocukların bakım ve korunmasına ilişkin geçici önlemleri re'sen alır."
"When an action for divorce or separation is filed, the judge shall, of their own motion, take the interim measures necessary for the duration of the proceedings, in particular concerning the accommodation and maintenance of the spouses, the management of the spouses' property and the care and protection of the children." (Unofficial translation)
Compensation claims, on the other hand, are assessed depending on the determination of fault. The spouse not at fault or less at fault may claim pecuniary compensation, and the spouse whose personality rights have been infringed may claim non-pecuniary compensation.
"Mevcut veya beklenen menfaatleri boşanma yüzünden zedelenen kusursuz veya daha az kusurlu taraf, kusurlu taraftan uygun bir maddi tazminat isteyebilir. Boşanmaya sebep olan olaylar yüzünden kişilik hakkı saldırıya uğrayan taraf, kusurlu olan diğer taraftan manevi tazminat olarak uygun miktarda bir para ödenmesini isteyebilir."
"The party not at fault or less at fault whose existing or expected interests are impaired by the divorce may claim appropriate pecuniary compensation from the party at fault. The party whose personality rights have been infringed by the events that caused the divorce may claim from the other party at fault payment of an appropriate sum of money as non-pecuniary compensation." (Unofficial translation)
When claiming the amount of compensation, we add to the file documents showing the economic circumstances of the parties and the seriousness of the events. We also assess maintenance and custody claims separately, together with the needs specific to this action; we have explained the details on our Adana maintenance lawyer and Adana custody lawyer pages.
Stages of the Action with an Adana Lawyer for Contested Divorce Actions
The answer to the question of how a contested divorce action is filed is that a statement of claim is submitted to the Family Court of the domicile of one of the spouses or of the place where they have lived together for the last six months before the action (TMK Art. 168). In Adana, the action is heard by the Adana Family Courts (Law No. 4787, Art. 4). The stages we follow as an Adana lawyer for contested divorce actions are as follows:
- Statement of claim: The events, allegations of fault, claims and evidence are set out in full.
- Response and counter-action: The respondent spouse submits a response; if they wish, they may file a counter-action for divorce.
- Preliminary examination: The points in dispute are identified, and interim measures and lists of evidence are clarified.
- Investigation: Witnesses are heard and records are collected; where necessary, a social investigation report is obtained.
- Judgment and legal remedies: After the judgment, the remedies of appeal and appeal to the Court of Cassation are available.
We do not give a definite duration in answer to the question of how long a contested divorce action takes. The duration varies considerably depending on the number of witnesses, applications for appeal and appeal to the Court of Cassation, and the workload of the court. What we can do is prevent unnecessary adjournments by submitting the evidence in full from the outset.
Precedent: Divorce Action Filed by a Spouse Entirely at Fault
The Court of Cassation reversed the acceptance of the divorce action filed by the spouse found to be entirely at fault and emphasised that a divorce judgment cannot be given if no fault can be attributed to the other party.
Summary of the facts: The claimant spouse filed an action for divorce on the ground of the fundamental breakdown of the union of marriage; the court of first instance accepted the action, and the Regional Court of Appeal maintained the decision by correcting the reasoning on fault. The Court of Cassation found that the incidents of physical violence and of preventing the spouse from meeting with their family in the file were attributable to the claimant, and that no fault could be attributed to the respondent.
In its decision dated 19.02.2025, E. 2024/3182, K. 2025/1692, the 2nd Civil Chamber of the Court of Cassation determined as follows the need to establish the respondent's fault in an action based on the fundamental breakdown of the union of marriage:
"Öyle ise 4721 sayılı Kanun'nun 166 ncı maddesine göre boşanmayı isteyebilmek için tamamen kusursuz ya da az kusurlu olmaya gerek olmayıp, daha fazla kusurlu bulunan tarafın dahi dava hakkı bulunmakla beraber, boşanmaya karar verilebilmesi için davalının az da olsa kusurunun varlığı ve bunun belirlenmesi kaçınılmazdır. ... Temyiz olunan Bölge Adliye Mahkemesi kararının BOZULMASINA, ... 19.02.2025 tarihinde oy birliğiyle karar verildi."Unofficial translation
"That being so, under Article 166 of Law No. 4721, it is not necessary to be entirely without fault or less at fault in order to be able to request divorce, and although even the party found to be more at fault has a right of action, the existence of fault on the part of the respondent, however slight, and its determination are indispensable for divorce to be ordered. ... The REVERSAL of the decision of the Regional Court of Appeal against which an appeal to the Court of Cassation has been lodged, ... was decided unanimously on 19.02.2025."
Commentary by Av. Yakup Buğrahan SEVDİ: The decision shows how decisive fault is in contested divorce. In an action based on the fundamental breakdown of the union of marriage, even the spouse more at fault may file an action; however, a divorce judgment is not given unless at least one faulty act of the other party is proven. In files where we represent the respondent, we review the allocation of fault against this standard, and on the claimant's side we bring every event attributable to the other party into the file with evidence.
Our Office and the Lawyer's Fee in a Contested Divorce Action in Adana
When looking for a contested divorce lawyer in Adana, we recommend that you work with a lawyer who explains openly at the first meeting the state of proof in the file and the possible risks. As the YBS Hukuk office, at the first meeting we assess with you the strengths and weaknesses of the file, item of evidence by item of evidence. We do not promise results, and at every stage we share in writing which step we take and why.
The lawyer's fee in a contested divorce action varies depending on the compensation and maintenance claimed, whether there is a counter-action and the number of witnesses. The fee is determined by a written agreement and, under Attorneyship Law Art. 164, may not be agreed below the minimum attorneyship fee tariff. We recommend that you submit your appointment request through the channels on our contact details page. Our contested divorce files are conducted personally by Av. Yakup Buğrahan SEVDİ.
Adana Contested Divorce Lawyer: Frequently Asked Questions
How much is the fee of a contested divorce lawyer?
We determine the lawyer's fee by a written agreement according to the compensation and maintenance claimed, whether there is a counter-action and the number of witnesses. Under Attorneyship Law Art. 164, the fee may not be agreed below the minimum attorneyship fee tariff. We give fee information in writing after hearing about your file.
Which lawyer handles contested divorce actions?
Any lawyer may conduct contested divorce actions; however, proving fault, planning witnesses and calculating compensation require experience in family law. When looking for a severe incompatibility lawyer in Adana, we recommend that you ask about the lawyer's experience in family law files. As the YBS Hukuk office, we conduct contested divorce files before the Adana Family Courts by this standard.
In which court is a severe incompatibility action filed?
An action based on the fundamental breakdown of the union of marriage is filed at the Family Court. Under TMK Art. 168, the competent court is the court of the domicile of one of the spouses or of the place where they have lived together for the last six months before the action. In Adana, these actions are heard by the Adana Family Courts.
How is a severe incompatibility action filed?
The action is filed with a statement of claim setting out the events, the allegations of fault, the claims and the evidence. Since there is a risk that events raised later will not be heard, we recommend that you prepare the statement of claim in full and match your witnesses with the events.
How long does a severe incompatibility action take?
It is not possible to give a definite duration. The number of witnesses, a counter-action, the social investigation report, applications for appeal and appeal to the Court of Cassation and the workload of the court determine the duration. Submitting the evidence in full from the outset prevents unnecessary adjournments.
How is the lawyer's fee determined in an action for the fundamental breakdown of the union of marriage?
The lawyer's fee is determined by a written agreement according to the scope of the file and may not be agreed below the minimum attorneyship fee tariff (Attorneyship Law Art. 164). Claims for compensation and maintenance and a counter-action affect the scope of the fee.
Why is fault important in divorce?
In addition to the divorce judgment, fault also affects claims for pecuniary and non-pecuniary compensation and post-divorce maintenance (yoksulluk nafakası). Under TMK Art. 174, pecuniary compensation may be claimed by the party not at fault or less at fault. The Court of Cassation requires that fault on the part of the respondent, however slight, be established for a divorce judgment.
Can I use the messages on my spouse's phone as evidence?
Messages sent to you may be submitted as evidence. Content obtained by accessing your spouse's phone without permission, however, may be regarded as unlawful evidence under HMK Art. 189/2 and may also give rise to criminal liability. We recommend that you consult a lawyer before collecting evidence.
