Is It Easy to Divorce in Turkey? A Plain Guide to the Process
Updated: Oct 10
Is it easy to divorce in Turkey? It can be, but it depends on your case. An agreed divorce can be quick and calm. A contested divorce can be long and costly. This guide explains the divorce process in Turkey in plain language, so you know what to expect before you start.
Divorce is hard anywhere in the world. If you are thinking about a Turkish divorce, the most useful step is to understand the type of divorce, the steps and the likely time. A skilled lawyer in Turkey can then help you plan.
Understanding divorce in Turkey
Turkish divorce law is found in the Turkish Civil Code (Law No. 4721). It sets out the grounds for divorce and the steps the family court must follow. Divorce is allowed, but the court must be satisfied that the legal requirements are met. A couple cannot end a marriage just by signing a paper or by agreeing privately.
Divorce proceedings take place in the family court. A judge decides whether the marriage should end and deals with the results of the divorce. These include children, money and property.
Types of divorce in Turkey
There are two main routes. Which one applies to you is the biggest factor in how easy your divorce will be.
1. Divorce by mutual consent (uncontested divorce)
This is the simplest and quickest route. Both spouses agree to the divorce and to its terms. Those terms normally cover children, maintenance and property. Under the Civil Code, the marriage must have lasted at least one year. Both spouses must also confirm to the judge, in person, that they wish to divorce.
The court checks that the agreement is fair and that it protects any children. If it does, the judge grants the divorce. An uncontested divorce is usually less stressful and less expensive.
2. Divorce on grounds (contested divorce)
If one spouse does not agree, the other must prove a ground for divorce. Either spouse can bring a case. The court then looks at the evidence and hears both sides. A contested divorce case is more complex and takes longer.
Grounds for divorce in Turkey
The Civil Code lists specific grounds. The main ones are:
Adultery: one spouse has been unfaithful.
Threat to life, serious ill-treatment or degrading treatment: this covers physical and emotional abuse.
Committing a crime or leading a dishonourable life: conduct that makes common life unbearable.
Desertion: one spouse leaves the home without a good reason and does not return after a court warning.
Mental illness: where the illness is serious and cannot be cured, and common life is impossible.
Breakdown of the marriage: the marriage has broken down so badly that spouses cannot be expected to live together.
The last ground is the one most often used. The court looks at all the facts and decides whether the marriage has really broken down. In some cases, a long period of living apart can also support a divorce. Each ground has its own conditions, so a lawyer should check which ones apply to you.
Steps to divorce in Turkey
Here is a simple outline of how to divorce in Turkey:
File a petition: the first step is to file a divorce petition at the family court. If both spouses agree, they can file together. If not, one spouse files alone.
Serve the other spouse: in a contested case, the court sends the petition to the other spouse, who can respond.
Court hearings: the judge reviews the case. In an uncontested divorce, the hearing is short. In a contested case, the court examines the evidence and may hear witnesses.
Agreement on the results: in an agreed divorce, the couple settles issues like custody, maintenance and property. The court checks that the agreement is fair.
Judgment: once all is in order, the court issues a judgment. After the appeal period, the divorce becomes final.
Documents usually include your ID, the marriage certificate and any evidence needed for your ground. A lawyer can tell you exactly what to bring.
How long does a divorce in Turkey take?
The time depends on the type of case. An agreed divorce can often be finished in a few months. A contested divorce may take much longer, sometimes more than a year, especially if the other spouse appeals or the case is complex.
Courts differ in how busy they are. For a deeper look at timing, read our guide on how long divorce takes in Turkey.
What does a divorce in Turkey cost?
Cost depends on how much work is needed. An agreed divorce is generally cheaper, because it needs fewer hearings and less evidence. A contested divorce costs more because of court costs and legal fees over a longer period. Ask any lawyer for a clear written estimate before you instruct them. Our article on the cost of divorce in Turkey gives more detail.
Child custody and support
When children are involved, the court puts their welfare first. Custody is decided on what is best for the child. The court considers each parent's ability to care for the child and, depending on age, the child's views.
The parent who does not have custody is usually ordered to pay child support. The court can also order one spouse to pay maintenance to the other where there is a need, or compensation in some cases. These amounts depend on the facts.
Property division
In Turkey, the default regime for married couples is called participation in acquired property. In general, property acquired during the marriage is shared. Each spouse is normally entitled to half of the value of what the other acquired during the marriage, after certain deductions.
Some property is treated as personal, such as items owned before marriage or inherited. Spouses can also choose a different regime by a marriage contract. Because the rules are technical, take advice early, especially if you own property or a business. You can also read our guide on Turkish divorce and matrimonial property for UK families.
Divorce when one or both spouses are foreign
If one or both spouses are foreign nationals, special rules may apply. Turkey has an international private law statute that decides when its courts can hear the case and which law applies. A couple living in Turkey, or one with a Turkish spouse, will often be able to divorce there. The answer depends on the facts, such as nationality and where you live.
If you also have a link to the UK, you should check how a divorce in one country will be recognised in the other. You can read how divorce works in England and Wales on GOV.UK. Our guide for UK families, how to find a Turkish divorce lawyer in the UK, may also help.
Do you need a lawyer?
You can go through the process without a lawyer, but advice is wise. This is true in contested cases and when children, property or foreign elements are involved. A lawyer can explain your rights, prepare documents and represent you in court. If you want help in English, see our page on an English-speaking Turkish divorce lawyer.
Alternatives to divorce
Some couples want to try other options first. Two common ones are:
Mediation: a neutral person helps you reach an agreement.
Counselling: professional support may help to resolve problems in the marriage.
Mediation can also help couples agree the terms of an uncontested divorce.
So, is it easy to divorce in Turkey?
A divorce in Turkey can be fairly straightforward if both spouses agree and the marriage has lasted at least one year. It becomes harder when there is a disagreement, a complex asset or a foreign element. Understanding the process, knowing your rights and taking legal advice makes the experience smoother.
Frequently asked questions
How long does it take to get a divorce in Turkey?
An agreed divorce can take a few months. A contested divorce may take over a year.
Do I need a lawyer to divorce in Turkey?
It is not always required, but a lawyer helps you navigate the process, especially in contested cases.
Can I divorce in Turkey if I am not a Turkish citizen?
Often yes, but it depends on your circumstances. Rules on jurisdiction and applicable law can apply, so take advice from a lawyer who knows both Turkish and international law.
How is child custody decided in Turkey?
The court looks at the child's best interests, including each parent's ability to care for the child and the child's wishes.
What is the cost of getting a divorce in Turkey?
Costs vary. Agreed divorces are generally cheaper than contested ones. Ask for a written estimate.
