Divorce is a challenging process, and understanding the legal steps can help make it smoother. In Turkey, divorce proceedings are governed by the Turkish Civil Code, which outlines the rights and responsibilities of both spouses. Whether you’re a foreigner or a Turkish citizen, here’s a clear guide to navigating divorce in Turkey.
Types of Divorce in Turkey
1. Uncontested Divorce (Agreed Divorce)
An uncontested divorce is when both spouses agree on the terms of the divorce, including:
Division of property.
Custody of children.
Financial support (alimony).
Key Points:
Both spouses must appear in court to confirm their agreement.
The process is faster and simpler than a contested divorce.
It can be finalized in a single hearing if all paperwork is complete.
Who Should Consider This?
Couples who can agree on all terms and want to avoid lengthy legal battles.
2. Contested Divorce
A contested divorce happens when spouses cannot agree on key issues. The court will decide matters like:
Fault (e.g., adultery, abuse, or abandonment).
Division of assets.
Custody of children and visitation rights.
Financial support.
Key Points:
Contested divorces take longer, as evidence must be presented in court.
Both parties may need witnesses and supporting documents to prove their claims.
Who Should Consider This?
Couples who disagree on important issues or when one party refuses to divorce.
Grounds for Divorce in Turkey
The Turkish Civil Code lists specific grounds for divorce, including:
Adultery: When one spouse has been unfaithful.
Abuse or Violence: Physical or emotional harm caused by one spouse.
Desertion: If one spouse leaves the family home without reason for at least six months.
Mental Illness: When a spouse has a severe mental illness that makes living together impossible.
Irretrievable Breakdown of Marriage: If the marriage has broken down and cannot be repaired.
Steps in a Divorce Case
1. Filing the Petition
The process begins when one spouse files a divorce petition at the local family court. The petition should include details about the marriage, the grounds for divorce, and requests for issues like custody or property division.
2. Preliminary Hearing
The court reviews the petition to ensure it meets legal requirements. Both parties are then notified of the hearing date.
3. Evidence and Testimony
In contested divorces, both sides present evidence, witnesses, and arguments to support their claims.
4. Court Decision
The judge decides on issues like:
Divorce approval or denial.
Child custody and visitation rights.
Financial support and property division.
5. Finalization
Once the court issues its decision, the divorce becomes official after the ruling is registered with the Civil Registry Office.
Child Custody and Support
Child custody decisions are based on the best interests of the child. The court considers factors like:
The child’s age.
The ability of each parent to provide care.
The child’s preference (if old enough).
The non-custodial parent may be required to pay child support, which is calculated based on their income and the child’s needs.
Division of Assets
In Turkey, assets acquired during the marriage are divided equally between spouses unless a prenuptial agreement states otherwise.
What’s Included: Property, savings, and investments made during the marriage.
What’s Excluded: Assets owned before the marriage or received as gifts or inheritance.
How Long Does Divorce Take?
Uncontested Divorce: Typically finalized in 1–2 months.
Contested Divorce: Can take 1–3 years, depending on the complexity of the case and court availability.
What If One Spouse Lives Abroad?
If one spouse resides outside Turkey, the process may involve additional steps:
The Turkish court has jurisdiction if one spouse is a Turkish citizen or the marriage took place in Turkey.
Foreign spouses may need to appoint a lawyer in Turkey to represent them in court.
Why Work with a Lawyer?
Navigating divorce laws in Turkey can be complex, especially for foreigners or in contested cases. A skilled divorce lawyer can:
Ensure all legal procedures are followed.
Help you understand your rights.
Represent your interests in court.
Final Thoughts
Divorce is never easy, but understanding the process can help reduce stress and uncertainty. Whether you’re pursuing an uncontested divorce or facing a contested case, knowing your rights and options is essential.
If you’re considering a divorce in Turkey, seeking legal advice from an experienced family law lawyer can make the process smoother and ensure your rights are protected.
