Uncontested Divorce via SEGBİS from Prison

Uncontested divorce is regulated under Article 166/3 of the Turkish Civil Code (“TMK”).

Conditions for Uncontested Divorce

• ✓ The marriage must have lasted for at least one year
• ✓ Spouses filing the lawsuit together or the other spouse accepting the filed lawsuit
• ✓ There must be a protocol prepared by the parties regarding financial consequences and the status of the children

The judge may make changes to the protocol if deemed necessary. If these changes are accepted by the parties, the divorce is decided. According to the Law on the Establishment, Duties and Trial Procedures of Family Courts No. 4787, lawsuits and matters arising from family law are heard in family courts, and in civil courts of general jurisdiction where there are no family courts. According to TMK Art. 168, the competent court is the court of the place of residence of one of the spouses or where they have lived together for the last six months before the lawsuit.

Hearing of the Spouse in Prison

One of the most important conditions of uncontested divorce is that the judge hears the parties personally. Problems may arise in bringing the convicted or detained spouse in prison to the court. Limited prison vehicles, security, and costs make this process difficult. In most cases, courts state that the convict cannot be physically brought to the hearing.

The divorce case must be opened in the court of the residence of one of the spouses or where they resided together for the last six months before the lawsuit. However, if the convict or detainee is in a prison in a different city, it is usually not possible to take them to court. Due to reasons such as the distance of the prison to the courthouse, travel costs, and insufficiency of vehicles and personnel, prisons often inform courts that the convict or detainee cannot be brought.

Participation via SEGBİS

There is no obstacle to the convict or detainee being heard via SEGBİS (Audio and Visual Information System). However, since most family courts do not have the SEGBİS system, this facility is generally not used. In this case, the parties must request that the hearing be held in a hall with a SEGBİS system. If the judge accepts the request, a writ is written to the prison to ensure the detainee/convict is ready via SEGBİS. Thus, the parties can complete the divorce process quickly without waiting for transfer from prison.

Pursuant to Article 166 of the TMK, it is mandatory for both parties to be heard personally in the uncontested divorce case. However, there is legally no obstacle to the parties being heard via the Audio and Visual Information System (SEGBİS). The convicted or detained spouse can participate in the hearing by connecting to the court via SEGBİS. However, since family courts mostly lack SEGBİS infrastructure, it is practically not possible to hear persons in prison via this method.

For this reason, it should be requested from the judge that the hearing be held in a courtroom equipped with SEGBİS (such as a Civil Court of General Jurisdiction courtroom). If the request is accepted, a writ is written to the prison where the detainee or convict is located, ensuring they are ready via SEGBİS on the determined day and time. Thus, the parties will not have to wait for the detained or convicted spouse to be released from prison and will be able to conclude their divorce cases in a shorter time.