DIVORCE GUIDE IN TURKEY COVERING 50 ESSENTIAL QUESTIONS (2025 UPDATE)

The divorce process in Turkey can be emotionally and legally challenging for both parties. This guide, answering the 50 most frequently asked questions about divorce in Turkey, aims to provide guidance throughout the process.

However, it is essential to remember that divorce law in Turkey requires legal knowledge and experience. In addition to its unique procedures, divorce law in Turkey stands out from other branches of law due to its focus on public interest. Requests that conflict with the divorce provisions of the Turkish Civil Code can lead to the loss of rights. Therefore, it is crucial to seek support from an expert family law office in Turkey during the divorce process.

50 Frequently Asked Questions About Divorce in Turkey:

1- In which court is a divorce case filed in Turkey?

In Turkey, divorce cases are handled by Family Courts as courts of first instance. However, in judicial districts where there is no Family Court, Civil Courts of First Instance rule on divorce cases by acting in the capacity of a Family Court.

2- Where is a divorce case filed in Turkey?

In Turkey, the competent court for divorce cases under Turkish law is the court of the domicile of either spouse. Additionally, the court of the place where the parties have resided together for at least six months prior to the filing of the lawsuit is also considered competent.

3- How to file for divorce in Turkey?

In Turkey, a divorce case is initiated by submitting a divorce petition to the competent Family Court and paying the relevant court fees and expenses. The petition must clearly state the grounds for divorce and the legal justifications, as well as provide detailed information regarding claims such as alimony, custody, compensation, and the matrimonial property regime. Petitions that are not properly prepared in accordance with legal procedures may result in the case being dismissed or the petitioner being required to remedy the deficiencies. Furthermore, applications made without payment of the statutory fees are not legally considered as having initiated a lawsuit; therefore, it is essential that all procedural steps are duly followed under Turkish Divorce Law to ensure the validity of the case.

4- How to file a contested divorce case in Turkey?

A contested divorce in Turkey refers to a type of divorce case filed when the parties cannot reach an agreement on the divorce itself or its consequences. In such cases, each party is required to present the grounds for divorce along with evidence to support those grounds before the court. The case is initiated by submitting a divorce petition to the competent Family Court and paying the necessary court fees and expenses.

If the legal fees and advance payment for expenses are not deposited within the specified time, the court grants the claimant an additional period to complete the deficiencies. Failure to comply within this period results in the case being considered procedurally unfiled. Therefore, in a contested divorce in Turkey, it is of utmost importance to strictly follow procedural rules and fulfill the burden of proof requirements.

5- How to file an uncontested divorce case in Turkey?

An uncontested divorce in Turkey is a type of divorce case filed when both spouses reach a mutual agreement to end the marriage and agree on all related consequences of the divorce. According to Article 166/3 of the Turkish Civil Code, the parties must jointly apply to the Family Court with a mutually prepared uncontested divorce protocol.

For the court to approve the divorce, the marriage must have lasted for at least one year, and both spouses must be present at the first hearing to confirm that they accept the protocol with their free will. The court may issue a divorce decree after verifying the parties’ consent and ensuring that the terms of the protocol comply with public order. An uncontested divorce in Turkey offers a faster and simpler legal process, provided that all legal conditions are met.

6- Is it possible to file for divorce within the first year of marriage in Turkey?

7- Is an attorney required for contested divorce cases in Turkey?

In divorce in Turkey, legal representation by an attorney is not mandatory, but obtaining legal support is highly recommended to ensure that the process is conducted in a healthy and efficient manner. Divorce proceedings in Turkey often involve complex legal and procedural issues, such as alimony, child custody, division of marital property, and compensation.

Especially in contested divorce cases, the assistance of a lawyer can have a direct impact on the outcome of the case. In such cases, legal guidance helps prevent parties from losing their rights and ensures that the court proceedings in Turkey are carried out more effectively and efficiently. Therefore, when it comes to divorce in Turkey, professional legal support plays a crucial role in protecting the interests of the parties involved.

8- Is an attorney required for uncontested divorce cases in Turkey?

In uncontested divorce cases in Turkey, legal representation by an attorney is not mandatory; however, the preparation of the divorce protocol is a process that requires serious legal knowledge and experience. If the protocol contains incomplete, contradictory, or ambiguous terms, it may lead to significant loss of rights and future disputes that are difficult to resolve for the parties involved.

Therefore, it is crucial that matters such as alimony, child custody, division of assets, and compensation are addressed clearly and in accordance with the law. For this reason, seeking assistance from a divorce lawyer in Turkey for the preparation of the divorce protocol is strongly recommended to ensure legal clarity and prevent future complications.

9- Is mediation mandatory in divorce cases in Turkey?

Mediation in divorce cases in Turkey is not mandatory under the Law on Mediation in Civil Disputes No. 6325. Family law disputes, especially those concerning public order matters such as divorce and custody, are excluded from the scope of mandatory mediation in Turkey. However, the parties may voluntarily choose to use mediation to resolve their disputes.

10- How does a divorce become final in Turkey?

In divorce in Turkey, the divorce does not legally take effect upon the first-instance court’s decision becoming final. If the local court’s decision is appealed through appeal proceedings, the decision is not yet considered final, and the divorce judgment does not come into force. The decision becomes final—and the divorce legally recognized—only when the appellate court upholds the decision or the appeal period passes without objection. Therefore, for a divorce to be legally effective, it is mandatory to have a court decision bearing the finality annotation.

11- How long does a divorce case take in Turkey?

12- What are the steps in the divorce process in Turkey?

Divorce proceedings in Turkey refer to a multi-stage judicial process conducted in accordance with procedural law rules. The divorce process in Turkey begins with the preparation and submission of the divorce petition to the competent Family Court. Following this, the court issues an order of procedural commencement and serves notifications regarding the case to the parties. This is followed by the exchange of pleadings, during which the parties respond to each other’s claims and defenses. Subsequently, preliminary examination and investigation hearings are held. The process concludes with the court’s ruling and the finalization of the decision.

13- What are the grounds for divorce under Turkish Divorce Law?

According to the Turkish Civil Code, grounds for divorce are divided into specific and general reasons. Specific grounds include adultery, intent to cause death, severe ill-treatment, humiliating behavior, committing a crime, living a dishonorable life, abandonment, and mental illness, while the breakdown of the marital union (irretrievable breakdown) is regulated as a general ground for divorce in Turkey. It is of great importance that the grounds for divorce are stated clearly, concretely, and in accordance with the law in the petition, as this enables the court to make an accurate assessment. Lawsuits filed with incorrect or insufficient grounds may result in loss of rights.

14- What documents are required for divorce in Turkey?

The documents required for a divorce case in Turkey must be prepared meticulously to ensure the smooth progress of the proceedings. These include the divorce petition, copies of the parties’ identity cards or passports, population registration certificates, evidence supporting the case (such as witness lists, written documents, photographs, or video recordings), and receipts for court fees and advance payments. Additionally, the marriage certificate or a copy of the marriage registration may also be requested. Properly and completely prepared documents in accordance with procedural rules help ensure the case proceeds effectively and swiftly.

15- Which evidence cannot be used in divorce cases in Turkey?

In divorce cases in Turkey, evidence obtained unlawfully cannot be considered by the court. In particular, recordings of audio or video without the spouse’s consent, unauthorized access to personal data such as messages, emails, or social media conversations violate both the prohibition of unlawful evidence and the principle of personal data protection in Turkey. Such evidence not only is inadmissible but may also lead to criminal and administrative sanctions in Turkey.

16- What is a divorce reply petition?

A divorce defense petition is the written statement submitted by the defendant in response to the allegations made in the divorce case. In this petition, the defendant explains their views regarding the grounds for divorce presented by the plaintiff and states their own defense and requests. This petition, which is crucial for the legal process, must be submitted within the two-week period granted by the court; otherwise, the defendant may partially lose the right to defense or the case process may be adversely affected. Proper preparation of the defense petition plays a decisive role in the course of the divorce case in Turkey.

17- What are the conditions for uncontested divorce in Turkey?

In Turkey, for an uncontested divorce, the parties must reach a complete agreement on the ancillary effects of the divorce, such as financial and moral compensation, alimony, division of property, and child custody. According to the relevant provisions of the Turkish Civil Code, the marriage must have lasted at least one year for an uncontested divorce to be granted. This requirement aims to ensure that the parties’ decisions are mature and protected. Accordingly, the court grants the divorce after evaluating that the parties’ consent is given freely and consciously.

18- How long does an uncontested divorce take in Turkey, and is a single hearing possible?

In Turkey, in uncontested divorce cases, if the parties agree on all matters, it is possible for the court to issue a divorce decree in a single hearing. However, the duration of the process may vary depending on the court’s workload and schedule. Generally, uncontested divorce cases in Turkey are concluded within an average of 2 to 3 weeks. This expedited process depends on the parties submitting the divorce protocol to the court and clearly expressing their mutual consent.

20- What is a contested divorce in Turkey?

A contested divorce case in Turkey is a legal process initiated when spouses cannot reach an agreement on divorce. In such cases, disputes arise over issues like division of property, child custody, and alimony, which must be resolved by the court’s decision. When the parties have disagreements, fail to agree, or face difficulties in reaching an agreement, a contested divorce case is filed in Turkey.

21- How many hearings does a contested divorce usually require in Turkey?

The duration of contested divorce cases in Turkey varies depending on the complexity of the case, the disputes between the parties, and the court’s workload. However, it can generally be said that a typical contested divorce case in Turkey lasts around 7 to 8 hearings.

22- What are the wife’s rights in Turkey in a divorce case?

In Turkey, a wife can make financial claims during the divorce process. These may include material and moral compensation, alimony, division of property, and other economic rights. If there are children, the woman can also request custody. The court makes custody decisions based on the best interests of the child. Throughout the divorce process, a woman who is in financial hardship may be granted provisional alimony by court order.

23- Can a family residence annotation be placed on the marital home during a divorce case in Turkey?

The family residence annotation can be registered as an annotation in the land registry in Turkey within the scope of Article 194 of the Turkish Civil Code and is legally valid. The annotation secures the function of the residence within the family union by limiting the legal validity of transactions such as property transfer or mortgage of the immovable property without the consent of the spouse. Therefore, during the divorce case in Turkey, a family residence annotation can be placed on the house where the spouses lived together, and placing it is important for providing legal security. It will be beneficial to get support from a real estate lawyer in Turkey on this matter.

If the parties continue to live in the same residence during the divorce process in Turkey, it does not directly affect the merits of the case. However, this situation may weaken the claim that the marital union has been fundamentally broken and can influence the judge’s discretion, especially in contested divorce cases. The continuation of cohabitation may lead the court to believe that the marital union has not yet ended; therefore, it should be carefully considered in terms of case strategy and evidence presentation.

25- Is it permissible to be in a relationship with someone else during a divorce case in Turkey?

During the divorce process in Turkey, having and seeing someone else in a romantic relationship can be a legally problematic issue. Legally, the marital union continues until the divorce process is completed; therefore, engaging in a relationship or partnership with someone else during the divorce process may lead to legal complications.

26- What are financial and emotional compensations in divorce in Turkey?

In divorce cases in Turkey, material compensation is requested to compensate for economic losses, while moral compensation is sought to address emotional pain and distress. Material compensation in Turkey is claimed to cover the economic damages incurred due to the divorce, including loss of income, decline in living standards, or deprivation of financial support. Moral compensation in Turkey, on the other hand, is requested to remedy abstract damages such as emotional suffering, damage to honor, or psychological distress resulting from the termination of the marital union.

27- How is compensation requested in divorce cases in Turkey?

28- How is divorce compensation amount determined in Turey?

In divorce cases in Turkey, for material and moral compensation to be awarded, certain legal conditions must be met according to Article 174 of the Turkish Civil Code. Within this scope, the party claiming compensation must be less at fault or not at fault in the events causing the divorce, and their current or expected benefits must have been impaired as a result of the divorce.

When determining the amount of divorce compensation in Turkey, the judge exercises discretion by considering the specific circumstances of the case. Factors such as the financial strength of the parties, their ages, educational backgrounds, duration of the marriage, lifestyles, and the social and economic consequences of the divorce are taken into account. Additionally, for moral compensation claims, factors like whether personality rights were violated, emotional harm, and impact on reputation in society are also evaluated.

29- How is alimony determined in divorce cases in Turkey?

36- How can a divorce case be dropped in Turkey?

Divorce case in Turkey may be dismissed if the parties agree or if the plaintiff withdraws the case. Withdrawal by the plaintiff eliminates the right to file a new case based on the same grounds for divorce in Turkey, meaning a second lawsuit on the same issue cannot be opened. Additionally, if the parties abandon the case (i.e., cease to pursue it), the case will also be dismissed; however, in this situation, the parties have the right to renew the case within procedural rules in Turkey. These regulations are important for legal certainty and judicial efficiency.

37- What are the interim measures that can be taken in divorce cases in Turkey?

In Turkey, interim alimony aims to provide temporary financial support to the economically disadvantaged party. The temporary custody decision determines which parent will have custody of the children during the divorce process. Additionally, temporary injunctions related to property division and other economic matters can also be issued in Turkey. These interim measures ensure a fair approach to the case and protect the rights of the parties involved.

41- How much does a divorce case cost in Turkey?

Divorce case fees in Turkey vary depending on the amount of financial elements such as alimony, compensation, or property division claimed. Therefore, to accurately calculate the costs of a divorce case in Turkey and to avoid unnecessary financial burdens, it is important to seek legal support from an expert family law attorney in Turkey.

42- What is the cost of filing a divorce case in Turkey?

43- Can a sample divorce petition from the internet be used?

Using ready-made divorce petition templates obtained from the internet in divorce cases in Turkey can lead to serious loss of rights, considering the complexity of the legal process and the unique characteristics of each case. Each divorce case in Turkey differs according to the circumstances of the parties and the evidence available; therefore, the divorce petition must be prepared in accordance with the relevant legislation and procedural rules, tailored specifically to the concrete case. The use of ready-made divorce petitions found online may cause procedural and substantive deficiencies, resulting in negative outcomes for the case or rejection of legal claims.

44- Does a divorce case appear on the e-government portal?

The UYAP system is integrated with the e-Government (e-devlet) platform, so the divorce case appears in the e-Government system in Turkey. By logging into the UYAP Citizen system with an e-Government password, all incoming and outgoing documents related to the divorce case can be viewed. Additionally, with an electronic signature (e-signature) or mobile signature, petitions can be submitted to the case file where the user is a party.

45- How to Check Divorce Cases in Turkey?

Turkish citizens can check divorce cases filed in their name through the e-Government (e-devlet) and UYAP Citizen systems. For foreigners who are not included in the e-Government system or cases that have not yet been reflected in the e-Government system, inquiries can be made at the courthouse front desks.

46- Is a Marriage Contract Valid in Turkey?

A marriage contract (property regime agreement) is a legally valid transaction in Turkey according to the Turkish Civil Code. The parties may choose a different property regime instead of the legal default by making a contract either before marriage or during the marriage through notarization or approval. This contract allows for pre-arrangements regarding the settlement of personal property. It is a legal requirement for the pre-nuptial agreement to be notarized in Turkey before marriage; otherwise, the contract is considered invalid.

47- Can Foreigners File for Divorce in Turkey?

Foreign nationals can file for divorce in Turkey if certain conditions are met. Turkish courts have jurisdiction according to the provisions of the International Private and Procedural Law No. 5718. It is sufficient for the case to be filed in Turkey if one of the parties has a residence in Turkey. Additionally, the grounds for divorce are determined according to the parties’ common national law; if none, then their habitual residence law; and if that is also absent, then Turkish law applies. Since the rules of procedure and jurisdiction can be complex in such cases, it is important to seek support from a specialized foreigners’ lawyer in Turkey.

48- Are Immovable Properties Acquired by Foreigners in Turkey Divided in Divorce Cases?

Immovable properties acquired by foreign nationals during the marriage in Turkey are evaluated under Turkish law within the scope of the property regime liquidation. According to the Turkish Civil Code, if the participation in acquired property regime applies between spouses, immovable properties acquired during the marriage are considered acquired property in Turkey and become subject to division after divorce.

The fact that the immovable property is registered in the name of the foreign spouse alone is not sufficient to classify it as personal property in Turkey. Factors such as whether the property was acquired during the marriage, which property regime is applicable, and the source of acquisition are taken into account. Therefore, immovable properties acquired by foreigners in Turkey can be divided according to Turkish property regime provisions.

49- Are Divorce Decisions Issued by Foreign Courts Valid in Turkey?

For divorce decisions issued by foreign courts to have legal effect and consequences in Turkey, they must undergo a recognition and enforcement process. This process is conducted according to the Law No. 5718 on Private International Law and Procedure.

If the foreign court decision contains only the divorce decree and does not involve enforceable aspects such as enforcement proceedings, a recognition lawsuit is sufficient. However, if the decision includes enforceable provisions such as alimony, compensation, or property division, an enforcement lawsuit in Turkey must be filed. Since recognition and enforcement cases require technical and procedural knowledge, it is important to get support from an English-speaking lawyer in Turkey.

50- How is the Return of a Child Taken Abroad Ensured?

The return of a child taken abroad by one parent is governed by the 1980 Hague Convention on the Civil Aspects of International Child Abduction. This convention aims for the prompt return of the child to their habitual residence and the preservation of the existing custody arrangement.

For an effective process, an application must be submitted to the central authority of the relevant country, and the applicability of the convention’s conditions to the specific case must be assessed. In international child abduction cases, having expert knowledge of parental abduction case law and obtaining legal support from a specialized international child abduction lawyer in Turkey is critically important for the success of the process.