Turkish Code of Civil Procedure 6100 which became effective as of 01.10.2011 brought along basic and major changes in civil proceedings. Main purpose for implementation of these changes to accelerate jurisdiction by shortening the imparlance of parties and thus facilitate finalization of the suit. Complying with the above-specified purpose; the new law imposes the defendant the obligation to respond to the filed suit within 14 days as of the date on which the lawsuit petition is notified to them; and the claimant the obligation to submit their rejoinder petition to the court within 14 days as of the date which the defendant's defence of action is notified to them. Apart from this; it has been made obligatory for the claimant party to submit their list of evidence with the lawsuit petition and the defendant party within 14 days as of the date on which the lawsuit petition is notified to them. In the event of that the parties do not fulfil such obligations, it results in loss of right for said parties.
With this legal regulation; stories of divorce suits which could not be finalized for many years will be a thing of the past. There are currently 7 active domestic courts within Antalya Courthouse and divorce hearings are held by these courts. Within 14 days as of the date of notification of the lawsuit petition - which is submitted to the court by the claimant party who files the divorce lawsuit – to the defendant party, the defendant party submits their defence of action and related evidence to the court. Defendant's defence of action is issued by the court for notification to the claimant party; and the claimant whom the defendant's defence of action is notified submits their rejoinder petition to related court within 14 days and it is finally notified to the claimant by the court. Defendant party of the divorce lawsuit who is notified the claimant's rejoinder petition submits their final response to the court within 14 days as of the date of notification. With the submittal of this final defence of action to the file; correspondence process is completed. The court that rules the lawsuit examines the file subsequent to the completion of correspondence process and designates the date of the preliminary examination hearing where the parties will face each other and be called for compromise; and sends invitations to the parties to attend the hearing.
Preliminary examination hearing is entirely a hearing where the parties are called for compromise and – in the event of that compromise is not possible – issues on which the parties dispute are determined and recorded in hearing minutes; no examination or negotiation related to the essence of the lawsuit is made in this hearing.
Once the preliminary examination hearing is ended; in the event of that the parties have not been able to reach an agreement on divorce, the court sends invitations to the witnesses previously specified by the parties and decides on that the testimony of said witnesses will be heard in the following hearing; and evidence currently not included in the file will be to be submitted to the file or – if any – evidence required to be brought will be obtained for the file by means of correspondence. Once these processes are completed, Investigation process is commenced; and the court hears the witnesses of the parties and comes to a decision point according to the divorce-related demands of the parties through evaluation of their evidence.
