Overview of the Divorce Process
In Türkiye, there are two main ways to end a marriage: consensual and contested divorce. These two types of divorce are quite different from each other, both in terms of the legal process and the emotional and financial experiences of the parties.
What are the Types of Divorce?
- Consensual Divorce: The parties must have been married for at least 1 year, must submit a protocol agreeing on all issues (alimony, property sharing, child custody) and must apply to the court together.
- Contested Divorce: If the parties are in disagreement on one issue or the other, the case proceeds based on evidence, witnesses and the judge's decision.
Differences Between Consensual and Contested Divorce
| Feature | Agreed | Contentious |
|---|---|---|
| Duration | 1-3 weeks | 6 months – 3 years |
| Cost | Low | High |
| Is a Lawyer Mandatory? | No (but recommended) | No (but often necessary) |
| Emotional Impact | Relatively low | It can be exhausting |
How Do Divorce Cases Work in Antalya?
Since Antalya has a metropolitan status, divorce cases are usually heard by Antalya Family Courts . The place where the case is filed is usually the court where one of the spouses resides.
The Role of Antalya Family Courts
Family Courts in Antalya accept divorce applications, evaluate evidence, and make decisions based on the best interests of the children. Petitions, protocols and other documents submitted to the court must be complete.
Average Timeline of Processes
- Consensual divorce: 7–21 days
- Contested divorce: 6 months to 3 years
- Appeal/Appeal process: 1-2 years (if decision is appealed)
Is It Possible to Divorce Without a Lawyer?
Yes, there is no legal obligation to hire a lawyer in Turkey. However, this does not eliminate the disadvantages of not proceeding with a lawyer , especially in order to avoid losing your rights.
Is it Legally Mandatory?
No, individuals can prepare their own petitions, file a lawsuit, and attend the hearing. However, any mistakes made in the petition may lead to loss of rights, rejection of the case, or prolongation of the case.
Examples of Divorce Without a Lawyer
In Antalya, couples often proceed without a lawyer, especially in consensual divorce cases. However, if it involves details such as property division or child custody, the process can get complicated.
Is a Lawyer Necessary for Consensual Divorces?
A lawyer is not required. However, even small mistakes made while preparing the petition and protocol may lead to the court rejecting your requests.
Document Preparation and Protocol Example
- Divorce protocol
- Photocopies of ID cards
- Identity register copy
- Petition for lawsuit
Risk of Loss of Rights
During the consensual divorce process, failure to act sufficiently consciously regarding issues such as home, car, and alimony may create situations that are difficult to compensate for later.
The Importance of a Lawyer in Contested Divorces
Contested divorces tend to take longer and are more complex, with technical issues such as gathering evidence, hearing witnesses, and child custody requests.
Litigation Processes
- Petition for lawsuit
- Response petition
- Preliminary examination hearing
- Hearing of witnesses
- Decision stage
Collecting Evidence, Listening to Witnesses
Although it can be done without a lawyer, there are often errors in evidentiary procedures due to lack of legal knowledge. This situation causes loss of rights in court.
How to Prepare a Divorce Petition Without a Lawyer?
The most difficult point for individuals who want to divorce without a lawyer is the preparation of the petition. The petition submitted to the court should include both technical and legal statements.
Petition Preparation Step by Step
- Title : “TO ANTALYA ( ) FAMILY COURT”
- Plaintiff Information : Name, surname, TR identity number, address
- Defendant Information : Name, surname, address
- Subject of the Case : Request for divorce pursuant to Article 166 of the Turkish Civil Code
- Explanations : Date of marriage, reasons for the dissolution of the marriage union
- Requests : Requests such as custody, alimony, compensation
- Evidence : Marriage certificate, witnesses etc.
- Result and Request : Request for divorce decision
- Signature
How to Submit to Court
The petition and its attachments can be sent to the distribution office in Antalya Courthouse or via UYAP Citizen Portal via e-Government.
What are the risks of getting divorced without a lawyer?
It is possible to proceed without a lawyer, but it is risky. Situations such as loss of rights, missing documents, and false statements can lead to serious problems later on.
Division of Property
If one of the parties does not declare the goods or does not explicitly include them in the protocol, the other party cannot later claim rights from these goods.
Custody and Alimony Issues
If there are children, false statements regarding custody and child support issues may harm the interests of the children.
Can I Apply Online?
Yes, you can apply by uploading a consensual divorce petition and protocol via the UYAP Citizen Portal .
Women's and Men's Rights in the Divorce Process
The Turkish Civil Code grants equal rights to men and women in the divorce process. However, in practice, the protection of women is at the forefront, especially if there are children.
Domestic Violence Situations
If there is violence, Law No. 6284 comes into play. It is possible to impose protective measures and alimony on the woman.
Custody and Alimony Rights
Judges make decisions based on the best interests of the child. A woman or a man can receive or pay alimony depending on their economic situation.
How Long Does the Divorce Process Take Without a Lawyer?
Average Case Duration
- Negotiable: 1-3 weeks
- Contested: 6 months – 3 years
Prolonged Processes Due to Incorrect Application
Incomplete petitions, incorrect statements, and disagreements in the protocol may cause the court to request additional documents and postpone the hearing.
In Which Situations Should You Definitely Have a Lawyer?
- If there is a child: For custody and alimony procedures
- If the division of property is complex: In cases involving details such as title deeds, vehicles, loans, etc.
- If one of the parties is abroad: Notification and hearing procedures become complicated
Common Mistakes and Tips
Most Common Legal Deficiencies
- Lack of clear expression in the divorce protocol
- Failure to clearly state the issues requested in the petition
- Incomplete submission of documents
File Preparation Recommendations
- The protocol must be prepared in at least two copies.
- There should be clear and explicit decisions regarding custody.
- All documents must be legible and complete.
Conclusion: Does Divorce Without a Lawyer Make Sense in Antalya?
The answer to the question of whether the divorce process in Antalya is possible without a lawyer can be “yes” or “no” depending on your situation. If the parties have completely agreed and the property division and child issues are clear, divorce without a lawyer is possible. However, if there is the slightest disagreement, consulting a lawyer will prevent loss of rights.