DIVORCE CASE AND DIVORCE GROUNDS FOR DIVORCE IN TURKEY

WHAT ARE THE GENERAL GROUNDS FOR DIVORCE IN TURKEY?

The general reasons for how to divorce in Turkey are listed in the law. The general reasons for divorce are enumerated in Article 166/3 of the Turkish Civil Code and include:

• Breakdown of the marriage

In order to base a divorce on this reason, the marriage must have broken down to its foundation, and the common life must have reached a point where it cannot be expected to continue for at least one of the spouses. Furthermore, even if the plaintiff or the defendant does not argue that the marriage is irreparable, the objection must not be accepted.

• Failure to establish a common life

This reason for divorce in Turkey, regulated in Article 166/4 of the Turkish Civil Code, applies when the divorce case in Turkey filed on any divorce grounds has been rejected before, at least 3 years have passed since the decision to reject the divorce request, and the common life has not been established for any reason during this period, requiring one of the spouses to file for divorce.

• Uncontested divorce

This reason for divorce in Turkey, which is regulated in Article 166/3 of the Turkish Civil Code, refers to uncontested divorce cases in Turkey. For the case to be considered an uncontested divorce in Turkey, the marriage must have lasted at least one year, both spouses must apply for divorce together, or the case brought by one party must be accepted by the other party. The judge must hear both parties and approve the agreement.

WHAT ARE THE SPECIFIC GROUNDS FOR DIVORCE IN TURKEY?

The specific grounds for how to divorce in Turkey are listed in the law. Special grounds for divorce in Turkey are listed in Articles 161 to 165 of the Turkish Civil Code.

• Adultery

In order for adultery to be considered a reason for divorce in Turkey, a spouse must have willingly engaged in sexual intercourse outside of marriage and be defective. Having a homosexual relationship with one of the spouses does not qualify as adultery, but it is possible to file a lawsuit based on leading a dishonest life. To file for divorce on the grounds of adultery, it is sufficient that one of the spouses engages in extramarital sexual relations.

According to Article 161/2 of the Civil Code, the right to file for divorce case in Turkey is subject to a time limit. A person must file for divorce within six months of learning about the adultery, and in any case, within five years, otherwise, the right to file a lawsuit is lost.

• Attempt, Abusive or Degrading Behavior

This includes situations where a person shows intention to kill their spouse with certain actions, regardless of whether the action was planned or done in anger. Examples of very bad treatment include beating one’s spouse, assaulting their bodily integrity, or forcing them to have sexual intercourse. Insulting behavior can be verbal, written or offensive. The right to file a divorce lawsuit expires after 6 months or 5 years from the learning of the reason for divorce.

• Committing a crime and leading a dishonorable life

This is regulated by Article 163 of the Civil Code, which specifies that it only applies to humiliating crimes, such as theft, bankruptcy, and rape. Living a dishonorable life refers to dishonorable behaviors that continue more than once during the marriage, such as alcohol abuse or gambling. When filing for divorce case under this reason, there is no period of disqualification, and the divorce can be filed at any time.

• Abandonment

According to Article 164 of the Civil Code, if one of the spouses has left the common residence for at least 6 months, and has not returned despite a warning from the judge, the other spouse can file for divorce in Turkey. The judge does not do any research to make a warning, and whether the warning is justified is evaluated during the trial. In order for a divorce case to be filed due to abandonment, 2 months must pass from the notice.

• Mental illness

This is regulated by Article 165 of the Civil Code. In order for mental illness to be considered as a reason for divorce in Turkey, it must be present during the marriage, and a medical report must determine that it will not be cured. Additionally, joint life must have become unbearable due to the mental illness.

THE DIVORCE PROCESS IN TURKEY

The divorce process in Turkey consists of the following steps:

• Application: To file a divorce lawsuit in Turkey, an application must be made to the authorized and competent court with a divorce petition.
• Setting a Hearing Date: The court records the divorce petition and, after the application, sets a hearing date and notifies the parties.
• Hearing and Submission of Claims: On the hearing day, the parties and their lawyers must be present in court. The parties present their divorce requests and claims. The court listens to the parties and evaluates the evidence.
• Mediation or Reconciliation Attempts: The court may attempt to mediate or encourage reconciliation between the parties. If there is a dispute between the parties, the court may direct them to a mediation or reconciliation process.
• Issuance of the Decision: After the hearings and evaluation of evidence, the court issues a divorce decision. The decision may include the divorce decree, division of assets, alimony, child custody, and other financial demands.
• Appeal Process: After the court decision is finalized, the parties have the right to appeal. The appeal process involves the decision being reviewed by a higher court.
• Finalization and Enforcement of the Decision: At the end of the appeal process, the decision becomes final, and the divorce process is completed. Once the finalized decision is registered in the civil registry, the divorce becomes official, and enforcement of issues such as asset division, alimony, or child custody begins.

– How To Get Divorced in Turkey?

A divorce case in Turkey is a legal process initiated to legally terminate a marriage. The first step in the how to get divorced in Turkey process is preparing a divorce petition. The petition should include the requests, demands, and the reasons for divorce of the party seeking the divorce.

After the divorce petition is prepared, it must be submitted to the authorized family court. The court will open a file to review the petition and initiate the process. At this stage, court fees, along with required documents such as the marriage certificate and civil registry extracts, must be submitted. Once the divorce process in Turkey begins, the court summons the parties to hearings, and their lawyers present their defenses if necessary. The court tries to find a solution to reconcile the parties. If the parties reach an agreement, the court approves it; if not, the court makes a decision.

For the divorce process in Turkey to proceed smoothly and quickly, it is important to manage the process correctly, provide complete information, and, if necessary, seek the support of a divorce lawyer. It should be remembered that each divorce case is unique, and guidance should be provided based on personal circumstances.

Divorce cases in Turkey can be filed in two different types depending on whether the parties agree on issues such as divorce and division of property:

a) How to File an Uncontested Divorce Case in Turkey?

An uncontested divorce in Turkey is regulated under Article 166, paragraph 3 of the Turkish Civil Code. These types of cases provide a faster and less contentious divorce process when the marriage has irretrievably broken down and the couple has agreed on separation.

Conditions for an Uncontested Divorce in Turkey:

• Duration of the Marriage: The marriage must have lasted at least one year. It is not possible to file for an uncontested divorce for marriages shorter than one year.
• Joint Application: The spouses must either jointly apply for divorce to the court or the party filing for divorce must have their petition accepted by the other party.
• Judge’s Approval: The judge must personally hear the parties and be convinced that they are divorcing of their own free will. The judge must also find the arrangements regarding the financial consequences of the divorce (alimony, compensation, etc.) and the situation of the children appropriate.
• Protocol: The parties prepare a protocol that includes the terms and consequences of the divorce. This protocol clearly states agreements on issues such as alimony, compensation, and custody. The judge, considering the interests of the children and the parties, may make changes to the protocol if deemed necessary. If these changes are accepted by the parties, the divorce is granted.

Filing an Uncontested Divorce Case in Turkey: An uncontested divorce case is filed by submitting the mutually signed uncontested divorce protocol along with the divorce petition to the family court. After filing, both parties must attend the scheduled hearing. At the hearing, the judge listens to the parties and determines whether they have accepted the terms of the divorce of their own free will.

If the parties decide on an uncontested divorce in Turkey, the process can usually be completed in a single session. However, if the contested divorce process has already begun and the parties later reach an agreement, the case can be converted into an uncontested divorce case.

Hearing Process: In uncontested divorce cases, the parties must attend the hearing in person and declare to the judge that they accept the divorce terms of their own free will. This declaration cannot be made by proxy, so the parties must be present in the hearing. In this way, uncontested divorce cases differ from contested divorce cases.

Uncontested divorce in Turkey offers a faster and more amicable solution for couples, but the process must be carefully managed and supported with the correct documents. Obtaining assistance from a lawyer when preparing the protocol can help ensure that the process is completed smoothly.

You can visit our “Uncontested Divorce Process” page for information about uncontested divorce process.

b) How to File a Contested Divorce Case in Turkey?

A contested divorce case is filed when one of the spouses submits a petition to the authorized family court, stating that the marriage has ended and requesting a divorce. The required fees and expenses must also be paid when filing the case.

Reasons for Contested Divorce in Turkey: The Turkish Civil Code specifies a limited number of grounds for filing a contested divorce case:

• Divorce due to adultery (infidelity)
• Divorce due to an attempt on life, maltreatment, or humiliating behavior
• Divorce due to the commission of a crime or leading a dishonorable life
• Divorce due to abandonment
• Divorce due to mental illness
• Divorce due to the irretrievable breakdown of the marriage (severe incompatibility)

The ground of “irretrievable breakdown of the marriage” is a general reason for divorce in Turkey, and the judge grants the divorce if one spouse’s misconduct makes it impossible for the other spouse to continue the marriage. The other grounds are specific divorce reasons and must be proven with concrete evidence. For example, in a divorce case based on adultery, the act of infidelity must be clearly proven.

Case Process: Contested divorce cases in Turkey involve steps such as the submission of petitions, the presentation of evidence, and the testimony of witnesses. For the case to proceed successfully, it is necessary to submit petitions on time, provide complete evidence, and correctly follow legal procedures. Otherwise, failure to submit evidence on time or incomplete witness testimony may result in negative outcomes, leading to significant losses of rights.

Contested divorce cases in Turkey often result in claims for financial and moral damages, alimony demands, and the division of marital assets. Such cases may sometimes result in financial outcomes worth hundreds of thousands of liras, so it is important for the process to be handled by expert lawyers.

Avoiding Mistakes: Parties who try to manage the contested divorce process in Turkey without hiring a lawyer may take wrong steps and suffer irreparable losses. Mistakes made during the process of divorce in Turkey, such as failing to submit evidence or missing appeal deadlines, may result in the party being forced to pay compensation and alimony. Therefore, individuals who cannot afford a lawyer can benefit from the free legal assistance offered by bar associations through legal aid services.

In Conclusion: Filing and managing a divorce case is a process that requires legal knowledge and attention. The best course of action is to seek help from a specialist lawyer to avoid legal errors during the process. Individuals who consider filing a case on their own can seek support from legal aid offices. However, even the smallest mistake can lead to significant financial losses, so professional assistance is always safer.

c) Differences Between Contested And Uncontested Divorce Cases in Turkey

The table below summarizes the key differences between uncontested and contested divorce cases in Turkey, offering a comparative overview of both processes:

– How Should a Divorce Petition Be Prepared?

Before preparing a divorce petition, it is essential to determine whether the divorce will be contested or uncontested. Since the dynamics of every relationship are different, the divorce petition should be tailored to the specific circumstances of the case. It must comply with the provisions of the Turkish Civil Code regarding divorce, clearly state the grounds for divorce in Turkey, and articulate requests in a straightforward manner while maintaining a consistent approach.

In the divorce petition, all evidence should be meticulously reported, and any evidence that needs to be obtained from other sources must be requested from the court. Since divorce proceedings are often sensitive and complex, it is crucial to present all evidence comprehensively.

Therefore, preparing a divorce petition requires technical legal knowledge and experience. At this stage, it is important to seek the assistance of a specialist divorce attorney. Petitions prepared by individuals on their own or standard forms found online may not meet the legal requirements and could lead to significant loss of rights.

It should be noted that the public interest is also taken into account in divorce cases. Even a small error in a divorce petition can lead to irreversible consequences. Managing this process with a professional approach is crucial to protecting the rights of the parties and ensuring a fair outcome.

– Where to File for Divorce in Turkey?

The competent court for divorce cases is the family court. Family courts are authorized not only to hear divorce cases but also to decide on all legal consequences of these cases. However, in districts without family courts, the civil courts of first instance act as family courts.

The court with territorial jurisdiction is the court in the location where the couple resided together as a family for the last six months before filing the divorce lawsuit, or the court in the residence of either spouse. Article 168 of the Turkish Civil Code regulates this as follows: “In divorce or separation cases, the court of jurisdiction is the court where one of the spouses is domiciled or the court of the place where they last resided together for six months before the lawsuit.”

According to this regulation, divorce cases in Turkey can be filed in the family court where the spouses reside. However, since there is no strict jurisdiction in divorce cases, a spouse who has left the family home can also file for divorce in the court of the place they have moved to.

If one of the parties is a foreign national and a divorce has been granted in their country, a recognition and enforcement lawsuit must be filed in Turkey.

– What Documents Are Required for Divorce in Turkey?

The documents required for divorce vary depending on the type of case. Here are the necessary documents for each type of divorce:

For Uncontested Divorce Cases:

• Identification documents: The identity cards of the spouses.
• Divorce petition: A petition requesting a divorce.
• Property division documents: Documents showing the division or transfer of property between the parties.
• Children’s identification documents: Identification documents for the children, if any.
• Agreement protocol: A protocol prepared by mutual agreement between the parties.
• Documents related to immovable properties: Official documents related to vehicles, homes, and other immovable properties specified in the protocol.

For Contested Divorce Cases:

• Evidence list: A list of evidence supporting the claims of the parties.
• Credit card and bank statements: Account statements showing the financial status of the parties.
• Phone records: Call records obtained from phone operators.
• Text messages: Correspondence between the spouses.
• Assault report: A report regarding physical violence claims, if any.
• Records of criminal incidents: Testimony records of any prior criminal incidents between the spouses.
• Social media posts: Posts taken from the social media accounts of the parties.
• Compensation claims: Documents related to claims for material and moral compensation.
• Alimony claims: Relevant documents for alimony claims.

In contested divorce cases, more documents and evidence are required compared to other types of divorce in Turkey.

– How Long Does a Contested Divorce Case Take in Turkey?

Divorce cases are divided into two categories by law: uncontested and contested. Uncontested divorce cases are often preferred because they are resolved more quickly. However, if the parties cannot reach an agreement, they can file a contested divorce case, requesting the court to determine their legal rights.

Contested divorce cases in Turkey are filed to resolve disputes between the parties. The stages of assessing claims and demands, and examining evidence, take at least one year. However, the exact duration depends on the court’s workload and the stage of evidence examination. In major cities like Istanbul, Ankara, and Izmir, cases typically conclude within 1.5 to 2 years. If the parties appeal the decision, the process can extend up to 3 years.

– How Long Do Uncontested Divorce Cases Take in Turkey?

Uncontested divorce cases usually end in a single hearing. The parties prepare a protocol in which they agree on issues such as alimony, compensation, property division, and child custody and submit it to the court. If the judge approves the protocol, the divorce is granted. The hearing date is usually set within 15 days to 1 month from the date of the request.

– Does the Process Shorten If Both Parties Want a Divorce?

The fact that both parties want a divorce does not shorten the process. A contested divorce case in Turkey is not only filed because the parties disagree on divorce itself. If the spouses cannot agree on issues such as alimony, compensation, or custody, they may also file a contested divorce case. Therefore, both parties wanting a divorce does not affect the length of the case.

The court must wait for the completion of the petition stage, the examination of evidence, and the completion of procedural steps. Therefore, the extension or shortening of the case is not related to whether the parties want a divorce.

– Does the Process Extend If the Opposing Party Does Not Attend the Hearing?

If the plaintiff does not attend the hearing, the case may be dismissed. However, the defendant’s absence from the hearing does not extend the process, and may even shorten it. If the defendant does not respond to the petition, it can save about one month of time. In this case, the court completes the procedural steps and continues the process.

– How Many Hearings Does a Contested Divorce Case Take in Turkey?

A contested divorce case is typically resolved in 5-6 hearings. First, a preliminary hearing is held, followed by the stages of evidence examination and witness testimony. The final decision is announced in the last hearing.

– Why Do Contested Divorce Cases Take So Long?

Contested divorce cases are contentious because there is disagreement between the parties. The court must review the parties’ claims and evidence before making a decision. The judge cannot reach a decision without completing the necessary procedural steps and evaluating the evidence.

The duration of the divorce process in Turkey depends on the parties’ claims and defenses. Therefore, conducting the case with the assistance of a professional lawyer can shorten the process and make it more effective.

– What Happens If the Husband Refuses to Accept the Divorce Filed by the Wife?

If the wife files for divorce in Turkey and the husband refuses, the case will become a contested divorce process. In this case, the wife must prove the reasons for divorce and the husband’s fault in court. If the wife provides evidence of events leading to the breakdown of the marriage, the court may grant the divorce even if the husband does not want it.

– Does the Process Extend If the Husband Does Not Want a Divorce?

If the husband refuses to accept the divorce, the case will turn into a contested divorce and this can extend the process. In contested divorce cases, both parties must present their legal defenses and claims to the court. The judge will evaluate the claims of both parties before making a decision. Contested cases generally take about 1.5 years depending on the court’s workload.

These types of cases can be complicated and lengthy, so it is important for the parties to manage the process with legal support.

– Principle of Divorce as a Last Resort in Turkish Divorce Law

A divorce decision is made due to ongoing conflicts and difficulties between couples. Factors leading to divorce include unresolved disputes, communication issues, infidelity, violence, or differing life goals. Divorce signifies the end of the marital union and the beginning of a new stage. During this process, issues such as property division, child custody, and alimony are addressed with the aim of finding a fair solution.

It is important to emphasize that divorce in Turkey should always be considered as a last resort. Before filing a divorce lawsuit in Turkey, alternative methods to resolve relationship issues and maintain the marriage, such as reconciliation or therapy, should be tried. However, in some cases, divorce may be the best option for both parties to live a healthier and happier life.

The principle of divorce as a last resort also holds legal importance. Legal systems generally encourage couples to try to preserve their marriage and resolve issues before granting a divorce. Therefore, couples are expected to make efforts to save their marriage, such as through counseling or mediation, before resorting to divorce proceedings.

This principle also emphasizes the court’s responsibility to assist couples in resolving their problems, protect the interests of children, and uphold the integrity of the family unit. However, in cases where the marriage has become irreparable, courts make divorce decisions while ensuring the rights of the parties and considering the best interests of the children. The principle of divorce as a last resort suggests that other alternatives should be explored before considering divorce as a final option.

WHAT IS ASSET CONCEALMENT IN DIVORCE?

Divorce means the termination of the marriage union and the initiation of many legal processes. One of the most important of these is the division of assets between the spouses. In the case of divorce, both parties have legal rights to the shared property. How the assets acquired during the marriage will be divided is one of the most critical stages of the divorce proceedings. However, if there is no marital agreement during this process, one of the spouses may attempt to conceal assets in bad faith. This behavior is defined as an attempt to hide or dispose of assets that should not be included in the asset division and is known as asset concealment in divorce.

Asset concealment in divorce arises when one party engages in various fraudulent transactions to obstruct the division of assets before or during the divorce process. These fraudulent transactions are considered a legal problem and are attempted to be prevented through legal regulations. When one spouse attempts asset concealment in divorce, it is possible to take legal action to prove this situation and ensure the division of assets.

• How Does Asset Concealment Occur in Divorce?

Divorce can occur amicably or contentious. The parties may enter into a prenuptial agreement regarding asset division. In amicable divorces, the parties usually reach an agreement on asset division, while contentious divorces may face serious issues in this regard. Attempts at asset concealment in divorce during the divorce process in Turkey typically arise in contentious divorces. So, how does asset concealment occur in divorce?

Asset concealment in divorce actions can include:

• Sale or Transfer of Assets: During the marriage or before the divorce case is filed, one spouse may transfer or sell movable or immovable assets to another person.
• Sale at a Low Price: Assets can be sold to third parties at a price significantly lower than their value, thus excluding them from the division.
• Gifts: One spouse may gift assets to others with the intention of concealing them.
• Fake Power of Attorney: One spouse may create a fake power of attorney in the name of the other spouse to transfer their assets.
• Deed Concealment: The title deed of the family home can be transferred to someone else without the other spouse’s permission.

These types of transactions can be carried out both during and after the divorce process in Turkey. However, such fraudulent transactions can be annulled through legal means.

• How to Prevent Asset Concealment in Divorce?

Various legal measures can be taken to prevent attempts at asset concealment in divorce. So, how can asset concealment in divorce be prevented?

• Family Residence Annotation: Spouses can place an annotation on the title deed of the house they live in together. This process prevents the transfer of the residence to third parties.
• Annulment of Fraudulent Transactions: If it is proven that one of the spouses transferred their assets fraudulently, this transfer can be annulled.
• Precautionary Measure Order: When a divorce case is filed and there is suspicion of asset concealment, one spouse can request a precautionary measure order from the court. This order halts attempts at asset concealment.
• Annulment of Transfers: Transfers made before the divorce case is filed can be annulled if it is proven that they were done in bad faith.

The timely and correct execution of such legal processes prevents attempts at asset concealment in divorce and ensures the protection of the parties’ rights. At this point, seeking support from a divorce attorney is crucial.

• Lawsuit for Asset Concealment by a Spouse in Divorce

Attempts at asset concealment in divorce can become the subject of a lawsuit. If fraudulent transactions related to asset division are detected during or after the divorce proceedings, a lawsuit can be filed for asset concealment by a spouse. When concrete evidence is presented that assets have been concealed, a precautionary measure order can be issued to prevent the transfer of assets.

There is no specific time limitation for filing a lawsuit for asset concealment by a spouse. However, if there is a suspicion that assets have been concealed before or during the divorce case, a precautionary measure order must be sought immediately. Otherwise, the act of concealment may occur.

• Penalty for Asset Concealment in Divorce

Attempts at asset concealment in divorce may also carry criminal sanctions in some cases. Such situations can be punished under the Turkish Penal Code (TCK). For example:

• Creating a Fake Power of Attorney: If the crime of “forgery of a public document” is committed according to Article 204 of the TCK, criminal sanctions will be applied.
• Fraud: Attempting to conceal assets by deceiving the spouse falls under the crime of “fraud” according to Articles 157 and 158 of the TCK.
• Blackmail or Threat: Committing crimes such as blackmail or threats with the intention of asset concealment can be punished under the TCK.

In such cases, fraudulent and malicious transactions can lead to not only issues regarding asset division but also criminal consequences.

Conclusion: Asset concealment in divorce is a serious act that can have legal and criminal consequences. One spouse may attempt to conceal assets through various means to obstruct asset division; however, such attempts can be prevented by legal regulations. Seeking attorney support to prevent attempts at asset concealment during or after the divorce process in Turkey ensures that the process is conducted smoothly.

WHAT ARE THE RIGHTS OF MEN IN DIVORCE PROCEEDINGS IN TURKEY?

The rights that men have during the divorce process in Turkey are defined by laws and are the rights that men can use during and after the divorce case in Turkey. To properly and comprehensively defend these rights, it is important for men to closely follow legal processes and seek legal advice when necessary. The rights of men in divorce in Turkey include:

• Right to Alimony: If the man is financially weak and faces poverty, he can request spousal support from the other party.
• Right to Child Support: If the child is in the man’s custody, he can request child support.
• Right to Asset Division: During the process of dividing the assets acquired during the marriage, the man can demand his share.
• Right to Material and Moral Compensation: If the man has been wronged in the dissolution of the marriage, he can claim material and moral compensation.
• Custody Rights: The man has the right to seek custody of the child, but this decision is made by the court.
• Right to Maintain Personal Relationships with the Child: Even if custody is granted to the other party, he has the right to maintain a personal relationship with the child.
• Right to Family Residence Annotation: He can request an annotation on the title deed to prevent the transfer of the family home.
• Right to Request the Allocation of the Shared Home: He can request that the shared home be allocated to him, especially if he has a housing need.

WHAT ARE THE RIGHTS OF WOMEN IN DIVORCE PROCEEDINGS IN TURKEY?

Women have various legal rights during the divorce proceedings in Turkey. These rights aim to ensure the economic and social security of women and their children. The main rights that women have in divorce cases include:

• Right to Temporary Alimony: The woman can request temporary alimony during the divorce proceedings to support her living expenses.
• Right to Temporary Child Support: Temporary child support can also be requested for the care and maintenance of the children during the divorce proceedings.
• Right to Poverty Alimony: If the woman will face poverty after the divorce, she can request poverty alimony from the other party.
• Right to Child Support After Divorce: After the divorce, she can request child support in Turkey to cover the child’s care, education, and other expenses.
• Right to Material Compensation: She can claim material compensation for the losses she incurred due to the divorce.
• Right to Moral Compensation: She has the right to claim moral compensation for the emotional harm she experienced during the divorce process.
• Right to Claim Jewelry: The woman can request the return of jewelry that belonged to her during the wedding or throughout the marriage.
• Right to Mahr: According to Islamic law, she can demand the payment of the mahr that was agreed upon during the marriage in the divorce case.
• Rights Arising from the Property Regime: The woman can claim rights according to the property regime regulations for the division of assets acquired during the marriage.
• Right to Request Temporary Custody: She can request the temporary custody of the child while the divorce case is ongoing.
• Right to Maintain Personal Relationships with the Child: After divorce, even if she is not granted custody, she has the right to maintain a personal relationship with the child.
• Right to Custody: The woman can request custody of the child in the divorce case. If the common child was taken abroad before the custody decision was made, she has the right to request the child’s return.
• Right to Temporary Allocation of the Shared Home: During the divorce, she can request the temporary allocation of the shared home to herself.
• Right to Request an Annotation on the Family Residence: The woman can place an annotation on the shared family home to prevent it from being sold by her spouse.
• Right to Claim Her Belongings: She can request the return of her personal belongings during the divorce process.
• Surname After Divorce: After divorce, if the woman wants to keep her ex-husband’s surname, she can apply to the court to continue using it.
• Right to Request Protective Measures Under Law No. 6284: Women who are subjected to violence or threats can request protective measures under Law No. 6284.
• Right to Request a Legal Aid: If the woman is in a financially insufficient situation, she can request a free lawyer provided by the state.

Both parties should seek support from an expert attorney to ensure a fair process and to avoid loss of rights while defending their legal rights.

DIVORCE CASE IN TURKEY DUE TO ADULTERY

A divorce case in Turkey due to infidelity can be initiated when one spouse violates their obligation of fidelity by having sexual relations with another person during the marriage. Article 161 of the Turkish Civil Code regulates this issue.

• Definition of Adultery:

Adultery refers to one spouse engaging in sexual relations with a third party while the marriage is still in effect. The law only considers sexual relations as adultery. Other forms of infidelity or trust-breaking behavior are not regarded as adultery but may serve as grounds for divorce.

• Timeframe for Filing the Lawsuit:

The spouse who learns of the act of adultery must file for divorce within 6 months of discovering it. Additionally, a lawsuit must be filed within 5 years of the act of adultery. If these time limits expire, the right to file a lawsuit is lost.

• Forgiveness:

If the deceived spouse forgives their partner after discovering the infidelity, they lose the right to file for divorce on the grounds of adultery. Forgiveness can be expressed explicitly or may be inferred from behavior.

• Evidence:

Proving the act of adultery is important in a divorce case. The following can be used as evidence:

1. Hotel records
2. Text messages and call logs
3. Witness statements
4. Photographs and video recordings

If adultery cannot be proven directly, it can also be evidenced through indirect evidence. For example, spouses spending the night together may constitute circumstantial evidence of adultery.

• Request for Confidentiality:

In divorce cases filed due to infidelity, a request can be made to the court for confidentiality. In this case, the hearings are held in private, and the details of the court’s decision are not disclosed to the press.

• Material and Moral Compensation:

In divorce cases filed due to infidelity, the deceived spouse may claim both material and moral compensation. Adultery typically signifies that the spouse who committed the act bears significant fault in the divorce, which may influence alimony and asset division processes.

• Asset Division and Infidelity:

In cases of divorce due to infidelity, the rights of the spouse who committed adultery may be restricted in asset division. The court may consider the act of adultery as a wrongful act to prevent unjust asset distribution.

WHAT ARE THE EASIEST GROUNDS FOR DIVORCE IN TURKEY?

The failure to fulfill fundamental responsibilities between spouses is one of the primary grounds for divorce. Articles 161 and the following of the Turkish Civil Code outline the grounds for divorce. These grounds are divided into general and specific reasons for divorce.

Specific Grounds for Divorce in Turkey

Specific grounds for divorce grant spouses the right to file for divorce upon the occurrence of a particular event. These grounds include:

• Adultery: When one spouse willingly engages in sexual relations with someone other than their spouse. According to the law, adultery is among the grounds for divorce and grants the other spouse the right to file for divorce.
• Threat to Life, Extremely Bad or Humiliating Behavior: If one spouse threatens the other’s life or engages in humiliating or harmful behavior, a divorce case can be filed.
• Committing Crimes and Living an Immoral Life: If one spouse commits a disgraceful crime or lives a life deemed immoral by society, the other spouse can file for divorce as they are not obliged to continue living with them.
• Desertion: If one spouse abandons the shared life and this occurs under conditions specified by law, the abandoned spouse can file for divorce.
• Mental Illness: If one spouse has an incurable mental illness that makes shared life unbearable for the other, divorce can be requested if the mental illness is confirmed by an official health report.

General Grounds for Divorce in Turkey

General grounds for divorce grant spouses the right to file for divorce in situations not tied to a specific event. The main reason is:

• Severe Deterioration of the Marriage Union: The marriage may be defined as irreparably damaged when the shared life between the spouses can no longer be sustained. This deterioration can arise from various incidents and can initiate the divorce process.

MOST COMMON REASONS FOR DIVORCE IN TURKEY

The most frequently encountered reasons for divorce in Turkey within Turkish family structure stem from incidents such as psychological, economic, and physical violence, as well as infidelity.

1. Psychological Violence

Psychological violence ranks among the most common reasons for divorce cases in Turkey. Actions such as belittling, insulting, threatening, constant criticism, and causing emotional harm to the spouse are classified as psychological violence.

2. Economic Violence

Economic violence is defined as one spouse using their financial power to control or belittle the other spouse. Economic violence, particularly against women, is frequently cited as a reason in divorce cases.

3. Physical Violence

Physical violence occupies a significant place among divorce reasons in Turkey. Any behavior that causes bodily harm, such as slapping, pushing, or punching, is considered physical violence and constitutes grounds for divorce.

4.Infidelity

When a spouse violates their obligation of fidelity by engaging in an emotional or sexual relationship with another person, it is regarded as infidelity. Infidelity is one of the most common grounds for divorce in Turkey.

Changes in Divorce Reasons

The reasons for divorce in Turkey are changing in direct correlation with shifts in the socio-economic structure of society. For instance, in the 1990s, the most frequently encountered reason for divorce was marrying at a young age; however, this reason has lost its relevance today. Currently, psychological and economic violence stand out as the most common reasons for divorce, while infidelity has become less prevalent.

Research has shown that psychological violence is a reason for divorce in 60% of women and 40% of men. Economic difficulties, changing social norms, and transformations in family structures also contribute to the ongoing changes in divorce reasons.

THE PROCESS AFTER THE CONCLUSION OF A DIVORCE CASE IN TURKEY

After the divorce case is concluded in Turkey ( include divorce in Turkey for foreigners), the divorce does not take effect immediately upon the court’s decision. The decision must become final by the completion of the appeals or review process by the parties. Once the court serves the reasoned decision to the parties, if both parties do not file an appeal or review request within the specified period, the divorce decision becomes final.

If the parties do not wish to wait for the specified period, they can submit a petition stating that they waive their right to appeal or review without waiting for the two-week period after receiving the reasoned decision. The divorce decision becomes final upon the registration of the finalization note, and the Family Court notifies the relevant Civil Registry Office.

With the divorce decision, spouses no longer have inheritance rights towards each other. They cannot be each other’s legal heirs. However, testamentary dispositions made in favor of each other after the divorce in Turkey remain valid.

After the divorce case in Turkey is concluded, various processes and arrangements take place between the couple. The following outlines the main aspects of the post-divorce process:

• Property Division: With the divorce decision, the division of the assets acquired during the marriage is carried out. This includes the evaluation, distribution, or agreement between the parties regarding movable and immovable properties. If the parties have a disagreement, the court may make a decision regarding property division.
• Alimony: Following the divorce decision, alimony may be awarded to the financially disadvantaged spouse. Alimony is determined to provide economic support and maintain post-divorce living standards. The amount and duration of alimony are determined based on the parties’ income status, living conditions, and other factors.
• Child Custody: In the case of divorce in Turkey, a decision is made regarding the custody of the children. Considering the best interests of the child, custody rights can be arranged as sole custody to the mother, father, or joint custody. The custody decision includes arrangements that meet the child’s physical, emotional, and educational needs.
• Agreements between Spouses: During the post-divorce process, other issues arising from the separation are addressed between the spouses. These may include communication and visitation arrangements, requests for name change, waiver or agreement of inheritance rights, and other related matters.
• Implementation of Court Decision: For the implementation of the divorce decision and accompanying arrangements, once the court approves the decision, the parties are required to fulfill the obligations stated in the decision.

This includes carrying out property division in accordance with the court decision, making alimony payments, and complying with the arrangements regarding child custody. In case of divorce in Turkey for foreigners also foreign legal rules should be taken into account.

DIVORCE IN TURKEY FOR FOREIGNERS

Divorce in Turkey for foreigners follows the same legal procedures as for Turkish citizens. Foreigners residing in Turkey or married to Turkish citizens can initiate the divorce process in Turkish courts.

The applicable law for divorce is generally the Turkish Civil Code. However, in case of divorce in Turkey for foreigners if there is a relevant international agreement or treaty between Turkey and the foreigner’s home country, provisions of that agreement may also apply.

The divorce process typically involves filing a divorce petition with the family court, where issues such as property division, child custody arrangements, and alimony may be addressed. It is advisable to seek the assistance of a divorce lawyer familiar with Turkish family law to navigate the process effectively.

The specific requirements and procedures for divorce in Turkey for foreigners may vary depending on factors such as nationality and residency status. Therefore, seeking detailed information from a divorce lawyer or local court officials is essential to understand the specific implications and requirements in each case.

RECOGNITION OF DIVORCE DECISION IN TURKEY

If a divorce takes place abroad, it is necessary to file a Recognition of Divorce and Enforcement case in Turkey for the divorce decree to be recognized and valid. Recognition of divorce decree can also be requested in a previously opened case. If the recognition of divorce decree includes provisions such as compensation or alimony, a separate enforcement decision is required.

In the process of recognition of divorce decision, the conditions specified in Article 50 of the International Private Law and Procedure Code (MÖHUK) are examined. This means that the court does not review the substance of the divorce decree for recognition of divorce. The focus is primarily on whether there is a foreign court decision, whether the decision is final according to the laws of the state in which it was made, and whether it relates to a civil matter.

In Turkey, reciprocity is required for the recognition of divorce decision, and the decision should not be contrary to public order. The competent court for recognition of divorce in Turkey is the Civil Court of First Instance. Due to the necessity of conducting international notifications, the process of this case can be complex and time-consuming. Therefore, it is advisable to seek the assistance of a divorce lawyer to prevent any delays.

The recognition of divorce in Turkey refer to the legal procedures required for a divorce decision given in one country to be valid in another country. In Turkey, the following steps are followed for the recognition of divorce decisions:

• Application: An application must be made to the competent court for the recognition of divorce decree.
• Submission of Documents: The application should include the original or duly certified copy of the foreign court decision, its translation prepared by a sworn translator, and other necessary documents. Additional evidence supporting the validity of the decision (divorce petition, interim orders, etc.) may also be submitted if necessary.
• Examination of Evidence: The court examines the recognition of divorce application and the submitted documents, evaluates the conditions of appropriateness and validity of the decision. Additional evidence may be requested or witness statements may be taken if necessary.
• Compliance with Turkish Family Law and Customs: When evaluating the foreign court decision, the court also considers whether it complies with Turkish Family Law and customs. The decision should not be contrary to Turkish Family Law and customs for recognition of divorce.
• Issuance of Decision: The court renders a decision on the recognition of divorce decree. If it is determined that the divorce is valid in Turkey, the decision is recognized and enforced.
• Recognition of Divorce Procedures: The decision rendered by the court needs to be registered in the civil registry for the recognition of divorce decree. Additionally, necessary procedures are carried out for the implementation of matters such as property division, alimony, or child custody.

IMPORTANCE OF LEGAL SUPPORT FROM A DIVORCE LAWYER DURING THE DIVORCE PROCESS

In divorce cases, the role of a divorce lawyer is significant. The divorce process can be complex and emotionally challenging, involving various legal intricacies. A divorce lawyer provides legal support to the parties involved and assists them from different perspectives.

A Turkish Law Firm develops legal strategies to protect the rights of the parties and strives to ensure that a fair divorce settlement is possible. This settlement may encompass financial matters, property division, child custody, and other essential issues. While representing the rights and interests of their clients in court, divorce lawyers also offer support and guidance to the parties who are going through an emotionally difficult period.

A divorce lawyer tracks the legal process, prepares necessary documents, presents arguments in court, and advocates for the fair representation of their clients. They can also act as mediators during negotiations between the parties or suggest alternative dispute resolution methods to facilitate reaching a compromise.

The experience and expertise of a lawyer play a crucial role in achieving favorable outcomes for their clients. Making mistakes or having gaps in the legal process can hinder the protection of rights or the attainment of a fair settlement. Therefore, the collaboration and professional guidance of a lawyer are vital in divorce cases to safeguard the best interests of the parties and reach a fair resolution.

In conclusion, during divorce proceedings, a divorce law firm in Turkey guides the parties with their legal knowledge and experience, protects their rights, and assists in achieving a fair resolution. The professional assistance of a lawyer is of great importance in coping with the stress and uncertainty that accompany the divorce process specially divorce in Turkey for foreigners.