How to Get Divorced in Turkey?
Updated: Oct 10
Getting a divorce is a big decision and can be a challenging process. If you’re considering a divorce in Turkey, it’s important to understand the steps involved and what you need to do. This guide will explain how to get divorced in Turkey in simple terms, making it easy to follow. Find peace of mind with expert legal services from a lawyer in Turkey.
Types of Divorce in Turkey
In Turkey, there are two main types of divorce:
1. Uncontested Divorce
An uncontested divorce is when both spouses agree to end the marriage. They also agree on all the terms, such as dividing property, child custody and alimony. This type of divorce is usually quicker and less expensive.
2. Contested Divorce
A contested divorce happens when the spouses cannot agree on one or more terms. This type of divorce takes longer and can be more costly because the court has to make decisions for you.
Steps to Get Divorced in Turkey
Here are the basic steps to get divorced in Turkey:
1. Decide on the Type of Divorce
First, decide whether you and your spouse can agree on the terms of the divorce (uncontested) or if you need the court to decide (contested).
2. Hire a Lawyer
You can file for divorce without a lawyer. But a lawyer can help you understand the legal process and make sure everything is done correctly.
3. Prepare the Necessary Documents
You will need to gather and prepare several documents, including:
Marriage certificate
Identification documents (passport or ID card)
Proof of residence
Financial documents (income statements, property deeds)
4. File the Divorce Petition
Your lawyer will help you file a divorce petition at the family court. This petition includes details about your marriage and the reasons for the divorce.
5. Attend Court Hearings
For an uncontested divorce, you and your spouse will attend a few court hearings to confirm your agreement. For a contested divorce, there will be more hearings where both sides present their cases.
6. Final Judgment
Once the court reviews all the information, it will issue a final judgment of divorce. This officially ends your marriage.
Costs of Divorce in Turkey
The cost of getting divorced in Turkey depends on whether the divorce is uncontested or contested.
Uncontested Divorce
An uncontested divorce usually costs around £2,000. This amount covers:
Legal fees for your lawyer
Court fees
Documentation costs
Contested Divorce
A contested divorce can cost between £10,000 and £100,000. The cost varies based on:
How complicated the case is
How long the divorce process takes
The fees charged by your lawyer
Time It Takes to Get Divorced
The time it takes to get divorced in Turkey depends on the type of divorce:
Uncontested Divorce: This can take a few months since both parties agree on the terms.
Contested Divorce: This can take over a year because the court needs to resolve disagreements.
Child Custody and Support
If you have children, the court will decide who gets custody based on what is best for the child. Both parents may need to provide financial support for their children.
Property Division
In Turkey, property acquired during the marriage is usually divided fairly, but not always equally. The court considers factors like each spouse's contribution to the marriage and their financial situation. The Turkish Civil Code sets out the rules on the property regime, so ask a lawyer how they apply to acquired property in your case.
Grounds for divorce under the Turkish Civil Code
The Turkish Civil Code lists the grounds on which a divorce case can be brought. In general, they include:
Adultery: one spouse is unfaithful.
Threat to life or serious ill-treatment: one spouse puts the other in danger or treats them very badly.
Crime or a dishonourable way of life: one spouse commits a serious offence or lives in a way that makes the marriage hard to continue.
Desertion: one spouse leaves the other without a good reason.
Mental illness: one spouse suffers a mental illness that makes it impossible to continue the marriage.
Breakdown of the marriage: the marriage has broken down so badly that the spouses cannot be expected to stay together.
Spouses who both agree can also divorce by consent, as set out earlier. The details and conditions are technical. Ask a family law lawyer which ground fits your case.
What happens in divorce proceedings?
Divorce proceedings take place in the family court. Your lawyer files the petition and sets out the facts. The other spouse is told and can respond. The judge may ask each side to give evidence, and may hear witnesses.
In a contested case, the judge also decides issues the spouses cannot agree on. These can include custody, support and the division of property. Each decision is made on the facts of the case.
Divorcing when one spouse lives abroad
Many couples have one spouse who lives outside Turkey. This can affect how documents are served and how hearings are attended. It can also affect which court has the power to decide. A lawyer can advise on these points before you file. If you also need to end the marriage in the UK, the process is described on GOV.UK: get a divorce.
Why choose a family law specialist?
Family law is a specialist field. A lawyer who handles divorce cases every day will know how the local court works. They can also help you plan for the cost and the time involved. That planning often matters as much as the law itself.
Tips for a Smooth Divorce Process
Communicate with Your Spouse: If possible, try to agree on the terms of the divorce to save time and money.
Stay Organized: Keep all your documents and information in order to make the process easier.
Seek Legal Help: A good lawyer can guide you through the process and help protect your rights.
Be Patient: Divorce can take time, especially if it’s contested. Stay patient and follow the legal steps.
Getting divorced in Turkey involves several steps, whether it’s an uncontested or contested divorce. By understanding the process, preparing the necessary documents, and seeking legal help, you can navigate your divorce more smoothly. Remember to consider the costs and time involved, and try to reach agreements with your spouse whenever possible to make the process easier for everyone.
Frequently Asked Questions (FAQs)
1. What is the first step to getting divorced in Turkey? The first step is to decide whether you want an uncontested or a contested divorce. Then hire a lawyer to help you file the divorce petition.
2. How much does an uncontested divorce cost in Turkey? An uncontested divorce typically costs around £2,000.
3. How long does a contested divorce take in Turkey? A contested divorce can take over a year, depending on the complexity of the case.
4. Do I need a lawyer to get divorced in Turkey? You can file without one. But a lawyer helps the process go smoothly and protects your rights.
5. How is child custody decided in a Turkish divorce? The court decides based on what is best for the child. It considers each parent's ability to care for the child and the child's wishes.
