What is the Waiting Period (Iddet Muddeti)? How to File a Lawsuit to Lift the Waiting Period?

What is the Waiting Period (Iddet Muddeti)?

Under the Turkish Civil Code, a divorced woman cannot remarry immediately after the divorce.
The waiting period (iddet muddett) is the 300-day (approximately 10 months) period that begins once the divorce decree becomes final.
The purpose of this period is to prevent any confusion regarding the paternity of a potential child born after the divorce — to ensure the child’s lineage (paternity) is clear.

When Does the Waiting Period Start and End?

The waiting period begins on the date when the divorce judgment becomes final.
After 300 days, the woman automatically gains the right to remarry.
However, in some cases, waiting this long may be unnecessary or may cause hardship.
In such situations, a lawsuit to lift the waiting period can be filed.

What is a Lawsuit to Lift the Waiting Period?

This is a legal case in which a divorced woman requests the court to lift the 300-day waiting period so that she can remarry.
It can be filed especially in the following situations:

• The woman can prove through a medical report that she is not pregnant, or
• She wishes to remarry her former husband.

If the court confirms with an official medical report that the woman is not pregnant, the waiting period is lifted, and she may remarry immediately.

How to File a Lawsuit to Lift the Waiting Period?

1. Competent Court:
   The case is filed before the Family Court. In places without a family court, the Civil Court of First Instance is competent.
2. Jurisdiction:
   The case should be filed in the woman’s place of residence.
   Turkish citizens living in Berlin may file the case through a lawyer in Turkey.
3. Required Documents:
   • Finalized divorce decree
   • Official medical report confirming the woman is not pregnant (issued via court referral)
   • Population (civil registry) record
   • Petition (lawsuit application)
4. Petition Content:
   The petition must include the date of divorce finalization, statement of non-pregnancy, intent to remarry, and legal grounds.

How Long Does It Take?

These cases are typically resolved within a few weeks, as they are straightforward.
Once the medical report is received, the court issues a decision to lift the waiting period immediately.

For Turkish Citizens Living in Berlin

Turkish citizens residing in Berlin can file the lawsuit to lift the waiting period in Turkey through their attorney.
There is no need to travel to Turkey in person.

Conclusion: The Right to Lift the Waiting Period

The waiting period (iddet muddett) limits a woman’s right to remarry after divorce.
However, if the woman is medically proven not to be pregnant, the court may lift this restriction, allowing her to remarry without waiting.
For Turkish citizens in Berlin, this legal process can be handled quickly and efficiently through a Turkish family law attorney.