Question 1

How long does an uncontested divorce take?

Accepted Answer

Uncontested divorce cases — where the parties fully agree on the financial consequences of the divorce (alimony, damages, division of property) and, where there is a child, on custody and visitation, and where the protocol is prepared completely in accordance with TMK Art. 166/3 — can usually be concluded in a single hearing, on average within 1-2 months depending on the court's caseload. The statutory precondition is that the marriage has lasted at least 1 year; an action filed before this period has passed cannot proceed as uncontested and converts to the contested procedure. At the hearing, the judge must hear the parties (and, where relevant, the children) in person and be satisfied that their consent was formed freely and without pressure; for this reason, one party's failure to attend the hearing, or an incomplete or contradictory clause in the protocol, can prolong the process and even turn it into a contested divorce. A protocol that clearly covers the alimony amount, the method of payment, damages, household goods, and any custody-visitation arrangement reduces both the duration of the process and the risk of renewed litigation later. Once the protocol is approved by the court and the judgment becomes final, changing it through a new action is not easy; it is therefore essential that the protocol be prepared completely at the first stage, balancing the interests of both parties.

Question 2

How long does a contested divorce case take?

Accepted Answer

Contested divorce cases take on average 1-2 years at first instance, depending on the evidence, the number of witnesses, and the court's caseload. The main factors determining the duration are: how quickly the pleadings stage (petition, answer, reply, rejoinder) is completed, the number of witnesses and their attendance at hearings, the time needed to gather the evidence supporting the fault allegations (message records, bank movements, social investigation report), and, where custody is disputed, the expert/pedagogue examination. If one of the parties challenges the judgment, the appellate stage before the regional court of appeals and, where the conditions are met, cassation review can extend the total duration; it is also possible to challenge only ancillary rulings such as alimony or damages while allowing the divorce part to become final. The most effective ways to shorten the process are submitting the complete evidence list together with the petition, ensuring the witnesses are reachable, and — even during the case — exploring whether the parties can agree on common ground and convert the file into an uncontested divorce. Since every file has its own dynamics, the healthiest approach is to draw up a realistic timeline for your specific situation at the first consultation.

Question 3

How is marital property divided in a divorce?

Accepted Answer

For marriages concluded after 2002, unless the spouses have chosen a different regime before a notary, the statutory regime of participation in acquired property applies (TMK Art. 218 et seq.). Accordingly, assets acquired during the marriage through labor or payment — salary and savings, the home and car bought during the marriage, rental income, social security (SGK) payments — are, as a rule, shared equally in the liquidation. Assets received by inheritance or gift, those acquired before the marriage, personal effects, and non-pecuniary damages awards count as personal property and are excluded from the division (TMK Art. 220). If one spouse contributed to the acquisition of the other's personal property, a contribution claim arises; if personal and acquired property have been commingled, an equalization calculation comes into play. An important procedural point: the division of property does not happen automatically with the divorce judgment; it requires a separate action for the liquidation of the matrimonial property regime (participation claim), which is usually heard after the divorce becomes final. Title deed records, bank movements, and loan repayment schedules are the core evidence in this action; if there is a suspicion of asset concealment, an interim measure should be considered from day one.

Question 4

How is the amount of alimony determined?

Accepted Answer

Different criteria apply depending on the type of maintenance. For post-divorce (poverty) alimony (TMK Art. 175), the judge assesses together whether the claimant spouse will fall into poverty because of the divorce, the fault situation (the spouse bearing the greater fault cannot claim poverty alimony), and the other spouse's ability to pay; the amount is set not by a fixed formula but according to the circumstances of the specific case, and it can be awarded indefinitely. For child support (TMK Art. 182, Art. 327 et seq.), the child's education, health, housing, and general care needs together with both parents' income are taken as the basis; this support is the joint responsibility of both parents until the child reaches majority (extendable if education continues). Interim maintenance is ordered temporarily to cover needs during the proceedings. The alimony amount can later be redetermined through an increase or reduction action if the parties' income changes significantly; an annual increase clause can also be added to prevent erosion by inflation. Since unpaid alimony can trigger both enforcement proceedings and, under certain conditions, separate legal liability under the Enforcement and Bankruptcy Law, making payments regularly and in a documentable way (such as bank transfer) is a choice that protects the parties in terms of future proof.

Question 5

Which courthouse handles cases from Esenyurt?

Accepted Answer

A significant part of the civil and criminal files in Esenyurt is heard at Büyükçekmece Courthouse. A significant portion of civil and criminal cases from Esenyurt are heard at the Büyükçekmece Courthouse. Given the case volume generated by Turkey's most populous district, working with a lawyer who is experienced and familiar with local practice speeds up the process.

Question 6

Can we meet in person in Esenyurt?

Accepted Answer

Yes. Our office is located in Esenyurt; we meet clients from Esenyurt and the surrounding districts at the office, on site when needed, or online. You can reach us by phone or WhatsApp to book an appointment.

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