Adana Family Law Frequently Asked Questions

The duration of a divorce case varies depending on whether the case is by mutual consent or contested. Cases of divorce by mutual consent are usually concluded in a single session (hearing); if the parties have agreed on all matters and the necessary conditions have been met, the court generally grants the divorce at the first hearing. In this case, with the finality of the judgment and its registration in the civil registry, the process can usually be completed within a few weeks to a few months. Cases of contested divorce, on the other hand, take longer: because of stages such as the gathering of evidence, the hearing of witnesses and examinations by a court-appointed expert, they may continue for between 9 months and 3 years on average. In large cities and in courts with a heavy workload, the conclusion of contested divorces may take more than 3 years. The duration of each specific case differs according to the number of disputed matters and the workload of the judiciary.

Divorce by mutual consent is where the spouses, having reached agreement on all the terms of the divorce (such as custody, maintenance, division of property and compensation), apply to the court together, or convert a case already filed into an agreement by means of a mutual protocol. In divorce by mutual consent, the parties prepare a divorce protocol setting out their rights and obligations; after hearing both parties, the judge usually decides on the divorce in a single session. Contested divorce, on the other hand, arises where the spouses cannot agree on the divorce or on its terms. In this case the claimant spouse files the divorce case, and the other spouse may oppose it or make different claims. In a contested case the court examines in detail the proof of the ground for divorce relied on, the fault of each party and the ancillary claims (maintenance, compensation, etc.). In short, whereas in divorce by mutual consent the process is quick and based on agreement, in contested divorce the process is longer and more adversarial because there is a dispute.

Under the Turkish Civil Code, certain conditions must be met for a judgment of divorce by mutual consent to be given: (1) The marriage must have lasted at least 1 year. Divorce by mutual consent is not available for marriages of less than one year; in that case the divorce case is heard as a contested case. (2) The spouses must have reached full agreement on the divorce and its consequences (such as maintenance, custody, division of property and compensation). This agreement is submitted to the court in the form of a written divorce protocol. (3) Both spouses must attend the hearing in person and confirm their wish to divorce orally before the judge. If, having heard the parties' statements, the judge finds the protocol appropriate, the judge decides on the divorce. For divorce by mutual consent it is also a requirement that the parties sign the protocol of their own free will; an agreement made under pressure or threat is not valid. Where these conditions are met, the court generally rules on the divorce by mutual consent in a single session.

 On divorce, custody of a joint child is awarded to the mother or the father having regard to the best interests of the child. In its custody decision, the court assesses many factors, such as the child's age and needs and the parents' care conditions and attentiveness. Custody of young children (in particular those who cannot yet look after themselves) is usually left with the mother, since maternal care is regarded as important in this period. However, if the mother's circumstances are not suitable (for example, serious illness, poor living conditions or inability to care for the child), custody may also be awarded to the father. For older children (for example, over the age of 8-10), the court also takes the child's view into account; the child may say with whom they would feel better, and if this wish is reasonable it is taken into consideration. In summary, there is no automatic preference based on gender in matters of custody; what matters is which parent provides more suitable conditions for the child's physical and psychological development. The court explains these conditions in the reasoning of its decision and makes the custody arrangement most appropriate to the child's interests.

Two types of maintenance may arise in a divorce case: (1) Child support (iştirak nafakası, maintenance for the child) and (2) Post-divorce maintenance (yoksulluk nafakası, maintenance for the spouse who would fall into poverty because of the divorce). Child support is the maintenance paid by the parent who has not been awarded custody as a contribution to the child's care and education expenses. In determining the amount, the child's needs, educational expenses and the parents' income are taken into account. Post-divorce maintenance, on the other hand, is the support claimed from the other spouse by the spouse who is not at fault or less at fault and who would fall into poverty as a result of the divorce. It is usually claimed by the spouse whose economic situation is weaker (most often the woman). In determining the amount of maintenance, the court takes into account the parties' financial situation, standard of living and degree of fault. For example, it may be decided that the spouse with a high income is to pay the spouse who does not work a reasonable monthly maintenance on which they can live after the divorce. The amount of maintenance may be redetermined over time according to economic conditions; if the parties cannot agree, they may request an increase or a reduction from the court. By law, post-divorce maintenance is of indefinite duration (it continues unless there is a new marriage, death or a serious change in circumstances).

Regular payment of maintenance ordered by a court decision (whether child support or post-divorce maintenance) is a legal obligation. If maintenance is not paid, the creditor party (the party entitled to maintenance) may take action through the enforcement office and, by initiating enforcement proceedings, request the collection of the maintenance debt. In addition, the legal system provides for a sanction where maintenance is not paid: through a complaint to the enforcement criminal court (icra ceza mahkemesi), coercive imprisonment (tazyik hapsi) may be applied to the debtor. The enforcement court may impose on the debtor a penalty of imprisonment of up to three months for unpaid maintenance. This is coercive (compelling) imprisonment, and the person is released as soon as they pay the maintenance debt. For example, if 3 months' maintenance has accumulated and remained unpaid, the judge may, upon the creditor's complaint, order imprisonment of up to 3 months; however, if the debt is paid, the imprisonment is lifted immediately. For this reason it is important not to fall behind with the maintenance debt; otherwise both an attachment may be levied on one's assets and sanctions restricting one's liberty may be faced.

As a rule, the matrimonial property regime between spouses is the regime of participation in acquired property (edinilmiş mallara katılma rejimi, the statutory default regime), which begins on the date of marriage (unless there is an agreement to the contrary). Under this regime, property acquired by the parties through their work during the marriage (such as a house, a car and savings) is regarded as joint and is shared equally on divorce. For example, a house bought during the marriage is regarded as acquired property of both spouses, and on divorce its value is divided in half. However, personal property is not included in the division. Personal property includes items such as what was owned before the marriage, gains received by inheritance or gift, and income from non-pecuniary compensation; each person keeps these in their own name. After the divorce case has been concluded, the parties may file an action for the division of property and request the liquidation of the property they acquired. The court calculates each spouse's share of contribution and receivable and determines a right of claim. This claim is generally paid in money. In short, the values obtained within the marital union are divided in half, while personal property remains with its owner. If the spouses have set a different rule of division in a matrimonial property agreement made before the marriage (for example, separation of property), the division is carried out according to that agreement.

Yes. On divorce, pecuniary compensation is the compensation that may be claimed by the party whose existing or expected interests have been harmed by the events that caused the divorce. For example, a person who will suffer economic loss or whose standard of living will fall because of the divorce from their spouse may claim pecuniary compensation from the party at fault. Non-pecuniary compensation, on the other hand, is the remedy for non-pecuniary harm that may be claimed by the party whose personality rights have been infringed by the seriously culpable conduct of the other party that caused the divorce (such as infidelity, violence or degrading acts). In assessing claims for compensation, the court looks at the parties' degrees of fault: the spouse claiming compensation must be less at fault or not at fault at all, and the other spouse must be seriously at fault. In determining the amount, the parties' socio-economic situation and the seriousness of the fault are taken into account. For example, a spouse who has been cheated on may, if the judge considers it appropriate, receive non-pecuniary compensation from the other party because of the emotional distress suffered. Likewise, a spouse who gave up their job during the marriage and suffers an economic loss as a result of the divorce may claim pecuniary compensation. These claims are raised together with the divorce case and decided upon.

In Turkish law, the case law of the Court of Cassation has become settled as to who owns the jewellery given at a wedding: As a rule, wedding jewellery belongs to the person on whom it was put. For example, bracelets and necklaces given at a wedding are usually put on the woman and left with her. On divorce, the woman takes the jewellery herself; the man is obliged to return this gold to the woman (if he took it from her and has not sold it). Items given specifically to the man by the man's family or relatives (for example, a man's watch), on the other hand, are regarded as belonging to the man. However, since in practice most jewellery (necklaces, bracelets, etc.) is put on the woman, it is generally the woman who has more jewellery.

While the change in the case law of the Court of Cassation accepts that jewellery belongs to the person on whom it was put, jewellery that is clearly intended for the use of one of the spouses is regarded as belonging to the spouse for whose use it is intended, regardless of which spouse it was put on. For example, a bracelet that can only be intended for a woman's use belongs to the woman even if it was put on the man. Both parties have equal rights over jewellery placed in the gift chest, but here too the jewellery placed in the chest must not be intended for the use of one party. For example, a man's watch is regarded as the man's even if it was placed in the chest.

If a dispute arises between the spouses on this matter, the parties may claim their gold during or after the divorce case by filing an action for wedding jewellery (ziynet alacağı davası). Although claims relating to wedding jewellery are usually proved in court by video recordings, they may also be proved by witness statements. 

Where, after divorce, custody of the children rests with one parent, the other parent has the right to maintain personal relations with the child. Having regard to the best interests of the child, the court sets contact (visitation) days in favour of the mother or father who has not been awarded custody. This usually takes the form of certain weekends each month, part of the school holidays (summer holiday, mid-term holiday) and part of the religious holidays. For example, the decision may provide for the father to take the child and maintain personal relations in the 1st and 3rd weeks of each month, from 10:00 on Saturday until 18:00 on Sunday. Or similar contact periods may be granted to the mother. The party who does not have custody may see their child, take the child to their home or spend time together on these days and at these times set by the court. The parent with custody is obliged to respect this right of contact and to make the child available at the specified times. If the party with custody obstructs contact, the other parent may exercise the right of contact with the child through the courts, even by compulsion. In short, the child is not completely cut off from either parent; by establishing a regular and balanced schedule of personal relations, the court ensures that the parent-child bond is maintained.

A protection order is a protective measure intended, in cases of domestic violence or threats, to keep the person who uses violence (or who is likely to do so) away from the victim for a temporary period. Under Law No. 6284, a person who suffers physical or psychological violence from their spouse, for example, may request protection by applying to the nearest police station or Family Court. The judge may issue a temporary barring order within a very short time (on the same day). By this order, the spouse or family member who uses violence is removed from the home for a certain period (initially generally 1 month) and is prohibited from approaching the residence and the victim. Where necessary, additional measures are also imposed, such as not approaching the victim's workplace or the children's school. During this period the person removed may not even be near the home; otherwise they are warned by the law enforcement authorities, and if the breach continues they may face sanctions extending to imprisonment. When the barring period ends, the judge may extend the order if necessary. In addition, protective decisions may also be taken for the victim, such as temporary financial assistance, a shelter measure and the concealment of identity details. This mechanism is used effectively in preventing domestic violence, particularly in large cities such as Adana, and enables victims of violence to be protected quickly.

To file a divorce case, first of all a statement of claim for divorce must be prepared. This statement of claim sets out the details of the marriage, the ground for divorce and the claims (such as maintenance, custody, division of property and compensation). In addition to the statement of claim, the basic document is the family register booklet or a civil registry record; today, since the court can see the civil registry record through the UYAP system, it may generally not be necessary to submit it separately, but if possible a photocopy of the family register booklet is attached. If there is a protocol for divorce by mutual consent, it is attached to the statement of claim signed by both spouses. In addition, a photocopy of the claimant spouse's identity card and the receipt showing that the court fee has been paid should also be submitted. The case is filed with the Family Court of the place where the spouses last lived together for 6 months (for example, those living in Adana may file the case with the Adana Family Court). In divorce by mutual consent, both spouses may file the case together, or one may file it and the other may submit a petition of acceptance. In contested divorce, all evidence supporting the ground for divorce (for example, photographs, message records and a list of witnesses) should also be indicated in the statement of claim. In summary, the statement of claim for divorce and the civil registry document are the basic papers, and the application to the Family Court is made by paying the court fee.

Yes, even if one of the spouses does not want it, the other spouse may file a contested divorce case. A divorce may also take place on the application of one party, where it is based on a justified ground. In this case the spouse who wishes to divorce files the case on the basis of one of the grounds for divorce listed in the Turkish Civil Code (for example, breakdown of the marriage, infidelity, desertion or severe incompatibility). Even if the respondent spouse states that they do not want a divorce, the court looks at the specific facts. If the claimant proves with sufficient evidence that the marital union has been fundamentally shaken, or proves another ground for divorce, the judge may decide on the divorce even without the consent of the other party. In particular, in cases of serious fault such as violence, insults and unfaithfulness, the unwillingness of one party does not prevent the outcome. However, where there is no serious ground at all, the mere arbitrary unwillingness of one party is not sufficient; the court assesses whether the marriage has become unbearable. The law also contains special provisions, such as the possibility of divorce after three years of living apart. In conclusion, even if your spouse does not want a divorce, if you have justified grounds you may end the marriage through a unilateral divorce case; the process proceeds as a contested case and, since there is no agreement, may take somewhat longer.

Yes. Both post-divorce maintenance and child support for the child may be readjusted when circumstances change. The party entitled to maintenance may apply to the court for an increase in the maintenance paid/received on grounds such as changes in economic conditions, inflation or higher expenses as the child grows up. For example, if several years have passed since the divorce, the cost of living has risen sharply and the maintenance awarded has become insufficient, the maintenance creditor may file an action for increase of maintenance. Having assessed the parties' current income, their needs and the rates of inflation, the court may make an equitable increase. Likewise, the person paying maintenance may also request a reduction of the maintenance if their income has fallen significantly or if the situation of the person receiving maintenance has improved. In other words, the amount of maintenance is not a fixed but a variable obligation. The parties may also increase or reduce maintenance by agreement. However, if there is no agreement, a decision of the judge is required. In practice, agreements providing for increases at certain intervals (for example, every year at the rate of the consumer price index, TÜFE) are usually included in protocols; even where there is no such provision, updating through legal action is possible when needed.

Yes; although the custody decision given at the end of a divorce or custody case is a final judgment, custody may be changed if circumstances change significantly in the future. Whichever parent has custody of the child, the other parent may, under certain conditions, file an action for change of custody. For example, if the mother who was awarded custody has begun to neglect the child's care, cannot meet the child's educational and health needs, or if it is established that the child is being mistreated, the father may apply to the court and request that custody be awarded to him. The court assesses the new situation, keeping the child's interests in the foreground. If the child's development is genuinely at risk with the parent who has custody, or if the other parent can now provide a more suitable environment, the judge may change custody. Another example is a situation where the parent with custody goes abroad for a long period and has to leave the child; changes of this kind may also lead to a change of custody. In short, significant and lasting changes arising after the custody decision allow custody to be rearranged. In these cases too, the child's view is taken into account if the child is above a certain age, and where necessary the opinion of a pedagogue or other professional is obtained.

Unions formed only by a religious ceremony (imam nikahı) and without a civil marriage are not regarded as a legal marriage under Turkish law. For this reason, the marriage provisions of the Civil Code (such as maintenance, the matrimonial property regime and inheritance) do not apply between partners who live together without a civil marriage. For example, a woman living with her partner on the basis of a religious ceremony alone cannot file a divorce case in law in the event of separation, nor can she claim post-divorce maintenance from her partner, because they are not regarded as married in law. As regards the division of property, she cannot claim equal rights either, since there is no legal marriage; however, if she proves her contribution under the general provisions, she may file an action for a receivable. Children born of such relationships are regarded as born out of wedlock; if paternity is established by acknowledgement or by a court decision, the child acquires maintenance and inheritance rights against the father (the position with regard to the mother makes no difference, as the mother is known). In summary, a religious ceremony is a religious ritual and does not in itself confer the status of a legal marriage; therefore, unless a civil marriage is performed, the protection of the legal order and the rights between the partners are quite limited. For this reason, couples who wish to secure their union before the law are strongly advised to conclude a civil marriage.

A paternity action is an action filed to have the father of a child born outside marriage determined by a court decision. The mother or the child (the child's representative) files this action against the biological father. The aim is to establish who the child's father is and to create legal obligations on the part of the father. At the end of the paternity action, the court establishes the biological link between the male respondent and the child, generally on the basis of strong evidence such as a DNA test, and rules on paternity. By this decision, the child acquires legal parentage (soybağı) in relation to the father. As a result, the child is entered in the civil registry on the father's side, may take the father's surname and may claim maintenance from the father. In addition, if the father dies, the child becomes his statutory heir. For the rights and obligations of the father (maintenance, inheritance, custody rights, etc.) to arise in respect of children born to an unmarried mother, either acknowledgement with the father's consent or a judgment of paternity is required. A paternity action comes into play where the man alleged to be the father does not accept the child. If it succeeds, the child's father is officially registered and the child legally has the same rights as children born within marriage.

 If custody of the child has been awarded to the mother after divorce, the mother may, in certain cases, request a change regarding the child bearing the father's surname. Previously, even if the mother remarried, she could not change the child's surname on her own; the father's surname remained. In recent years, however, court decisions have made this easier for mothers. In particular, according to the recent case law of the Constitutional Court and the Court of Cassation, a divorced mother, with a request to change the surname of the child in her custody, may apply to the Family Court. Having regard to the best interests of the child, the court may permit the child to take the mother's maiden name. In practice, when the mother files a case to give her own maiden name to her child, this request is granted if the child's interests require it (for example, on grounds such as the social difficulties arising from bearing a different surname from the mother, or the father's lack of interest). With decisions given in the recent past (around 2022), a body of precedent has formed to the effect that a mother with custody may also change the child's surname on her own. Consequently, a mother who is divorced and has obtained custody of the child may now obtain the court's approval to give her own surname to her child instead of the father's surname, and the child's surname may be officially changed.

Adoption is the legal inclusion of a child into a family by parents who are not the child's biological parents. Under Turkish law, adoption is subject to certain conditions: (1) The adopting person or spouses must be at least 30 years old (if one of the adopting spouses is to adopt their own stepchild, the 30-year age requirement does not apply, and 18 years of age is sufficient). (2) The child to be adopted must be at least 18 years younger than the adopter. For example, a person aged 35 cannot adopt a person older than 18 (exception: they may adopt their spouse's own child who is older than 18, if there is a justified reason). (3) Spouses must adopt jointly; if you are married, you can only adopt together (to adopt alone you must be single, or you may adopt your spouse's child with your spouse's consent). (4) The consent of the biological family of the child to be adopted (permission of the parent or guardian) is required. However, where the child has been abandoned or the family's permission is not required, this condition may be overcome by a court decision. (5) The child is required to remain with the adopting family for a certain period (usually one year) in foster care (foster family) status, and the child's adjustment is monitored. (6) The consent of children older than 12 is required; if the child does not agree, the adoption does not take place. When these conditions are met, the adoption takes place by court decision and the child is transferred to the adopter's civil registry record and has all the rights of a natural child (the surname changes, the child becomes an heir, and custody passes to the adopters).