How Long Does a Divorce Case Take? (Uncontested and Contested Durations)

One of the first questions everyone considering entering a divorce process asks is "how long does a divorce case take?" There is no single answer to this question; the duration varies according to whether the case is uncontested or contested, the state of the evidence in the file and the court’s workload. In this article we explain the average duration of both types of case, the factors that affect the duration and the ways to speed up the process.

How Long Does an Uncontested Divorce Take?

Uncontested divorce (anlaşmalı) is the fastest route, applied where the spouses agree on all the consequences of the divorce (alimony, custody, division of property, compensation) and where the marriage has lasted at least one year. If the divorce settlement protocol prepared by the parties is found appropriate by the court, the case mostly concludes in a single hearing. Additional time is needed after the hearing for the reasoned judgment to be written and for the judgment to become final; when this stage is also included, an uncontested divorce is generally completed within a few weeks.

How Long Does a Contested Divorce Take?

When the spouses cannot reach agreement on the decision to divorce or on its consequences, a contested divorce (çekişmeli) case is filed. This process proceeds through the statement of claim, the reply, the preliminary examination, the collection of evidence and the investigation hearings. Witness statements, social investigation reports and expert evaluations directly affect the duration. Contested cases are generally completed within a period ranging from a few months to a few years; where recourse is had to appeal (istinaf) or the appeal on points of law (temyiz), the process lengthens even further.

Main Factors Affecting the Duration

• Scope of the dispute: If there is disagreement over all of alimony, custody, compensation and division of property, the duration lengthens.
• State of evidence and witnesses: As the number of pieces of evidence to be collected and witnesses to be heard increases, the number of hearings increases.
• Expert / social investigation: Waiting for a report for the liquidation of the property regime or for custody prolongs the process.
• Court’s workload: Depending on the courthouse’s workload, the intervals between hearings vary.

Ways to Speed Up a Divorce Case

The most effective way to shorten the process is to prepare the file correctly and completely from the outset. Submitting strong and lawful evidence with the first petition prevents unnecessary adjournments of hearings. Where possible, considering the uncontested divorce route ensures that the process is completed in the fastest and least wearing manner.

A realistic forecast about the process can only be given after the concrete circumstances of your file have been evaluated by a lawyer. As İzmir Avukatım, we assess your situation in a preliminary meeting and share the likely timetable with you.

You can get in touch with us to obtain further information about your divorce process and for a personalised assessment.