Divorce in Turkey is a difficult and emotional legal process. You may want to consider seeking legal advice and counseling to help you through this process. If you’re not sure where to start, you can contact a family law attorney for guidance.

How To Get A Divorce in Turkey?

Here is a general guide to getting a divorce in Turkey:

  • Meet the competency requirements: The Turkish courts must be competent to hear the divorce lawsuit. This depends on several factors such as domicile of the family or applicable law to the marriage.
  • File for divorce: One of the spouses must file a petition for divorce with the competent court.
  • Attend a conciliation meeting: Once the petition is filed, the court will schedule a conciliation hearing. If reconciliation is not possible, the divorce proceedings will continue.
  • Attend a hearing: A hearing will be held to consider the evidence presented by both parties and make a decision on the divorce.
  • Obtain the divorce judgment: Once the court makes a decision, it will issue a divorce judgment. The judgment will include any agreements reached regarding child custody, child support, and property division.
  • Wait for the judgment to become final: The divorce judgment will become final after 30 days from the date of the judgment. After the judgment becomes final, the divorce will be final and binding.

Family Law in Turkey

In Turkey, family law is governed by the Turkish Civil Code and the Turkish Code of Obligations.

Divorce proceedings in Turkey are initiated by one of the spouses and can be granted on the grounds of mutual consent, or on the grounds of one of the following:

• Adultery
• Desertion
• Cruelty
• Living separately for at least one year
• Irreconcilable differences

Child custody is usually awarded to the mother, but the father can petition for custody if the mother is deemed unfit. Child support is also determined in a divorce case.

Property division is based on the principle of “equal sharing” meaning that any assets or debts acquired during the marriage will be divided equally between the spouses. However, the court may deviate from this principle if it is deemed necessary to do so in the interest of justice.

It’s important to note that the family laws in Turkey may change over time and it’s best to consult a Turkish family law attorney for the most up-to-date information.

How To Divorce in Turkey?

Turkey has two types of divorce lawsuits. One is agreed (uncontested) divorce and the other is contested divorce. In the uncontested divorce, spouses must agree on the terms of the divorce such as custody, alimony, sharing of goods, compensation. Otherwise they file contested divorce and must present their claims together with evidences.

Uncontested Divorce in Turkey

An uncontested divorce in Turkey is a type of divorce where both parties agree to the divorce and the terms of the divorce. The agreed terms would be child custody, alimony, compensation, child support, and property division. This type of divorce is often faster and less expensive than a contested divorce. Because there is no need for a trial or for the court to make a decision on the terms of the divorce.

The process of an uncontested divorce in Turkey:

  • Meet the time requirement: The marriage should have lasted for at least one year before filing for divorce.
  • File a joint petition for divorce: Both parties must file a joint petition for divorce with the appropriate court. The petition must include the grounds for divorce. Also it should include any agreements reached regarding child custody, child support, and property division.
  • Attend a conciliation meeting: Once the petition is filed, the court will schedule a conciliation meeting to ensure that both parties understand and agree to the terms of the divorce.
  • Obtain the divorce judgment: Once the court is satisfied that both parties understand and agree to the terms of the divorce, a divorce judgment will be issued.
  • Wait for the judgment to become final: The divorce judgment will become final in approximately 30 days as of the date of the judgment. After the judgment becomes final, the divorce is considered final and binding.

Contested Divorce in Turkey

A contested divorce in Turkey is a type of divorce where spouses do not agree to the divorce or the terms of the divorce. Terms of divorce may be child custody, child support (alimony), or property division. In these cases, the court must make a decision on the divorce and the terms of the divorce after considering the evidence presented by both parties.

The process of a contested divorce in Turkey is similar to that of an uncontested divorce, with a few key differences.

  1. First, the spouse who files for divorce must prove the grounds for the divorce to the court. This can include proving that the other spouse committed adultery, deserted the marriage, was cruel, or that the couple has been living separately for at least four months.
  2. Second, in a contested divorce, both parties may present evidence and witness in court to support their positions. This may include financial records, witness statements, and expert testimony.
  3. Third, because both parties do not agree, it may take longer for the court to make a decision on the divorce and the terms of the divorce. It’s important to note that the court’s decision will be based on the best interest of the child and the law.

How Long Does A Divorce Take In Turkey?

The length of time it takes to get a divorce in Turkey can vary depending on several factors, including whether the divorce is contested or uncontested.

For an uncontested divorce, the process can be relatively quick. Once the petition is filed, the court will schedule a conciliation meeting usually within 40 days and if both parties agree to the terms of the divorce the court will issue a divorce judgment. The judgment will become final approximately after 30 days from the date of the judgment.

For a contested divorce, the process can take longer. Because the court will need to hear evidence and make a decision on the divorce and the terms of the divorce. The process can take several months or even longer, depending on the complexity of the case and the court’s schedule. It appears that most of the divorce lawsuits take around 1,5 years. However if one of the parties appeal the judgment, this might go up to three years.

Which Lawyer Deals With Divorce in Turkey?

In Turkey, family law attorneys, also known as matrimonial law attorneys, typically handle divorce cases. These lawyers are experienced in handling legal matters related to marriage, divorce, child custody, child support, and property division. They can advise clients on their legal rights and obligations. Also they can help them understand the divorce process and the court procedures, and represent them in court.

How Can Foreigners Get A Divorce in Turkey?

The process for getting a divorce in Turkey is similar for foreigners and Turkish citizens. One of the spouses must file a petition for divorce with the appropriate court and provide the grounds for the divorce. The court will then schedule a conciliation meeting to try to reconcile the spouses. If reconciliation is not possible, the divorce proceedings will continue.

During the hearing, the court will consider the evidence presented by both parties and make a decision on the divorce. The court’s decision will be based on the Turkish Civil Code and the Turkish Code of Obligations.

If the couple wants the divorce to be recognized in their home countries they may have to go through a legal process. Therefore, it’s important to consult with legal experts who are international lawyers and understand the legal implications of the divorce in other countries.

How Is Child Custody in Turkey?

Child custody in Turkey is determined based on the best interest of the child. The Turkish Civil Code states that the child’s welfare is the primary consideration in any decision regarding child custody.

Generally, custody is awarded to the mother. However, the father can petition for custody if the mother is deemed unfit or if it’s in the best interest of the child. If the parents are unable to reach an agreement on custody, the court will make a decision as per the available evidence and the testimony of experts, such as psychologists or social workers.

In rare cases the court may also award joint custody, where both parents share the physical and legal custody of the child. This means that both parents have a say in the child’s upbringing, and the child splits their time living with each parent.

In Turkey, the court generally decides to give the primary custody to one of the parents and the visiting rights to the other.
The court may modify it’s decision on child custody in the future if circumstances change for the best interest of the child.

The parent who has the primary custody may make all decisions alone for the child. But if the decisions of the parents conflict with the welfare of the child, the father may request the court to change the custody.

How is Alimony in Turkey?

In Turkey, court will decide on alimony, also known as spousal support or child support. The court will consider the length of the marriage, the income of each spouse, the standard of living during the marriage, and the needs of the spouse seeking alimony.

There are two types of alimony: one for the child and one for the spouse.

In general, the court may order the spouse with the higher incometo pay alimony to the spouse with the lower income.

The court may amend its decision on alimony in the future if circumstances change.