Turkish Family Lawyer: A Guide to Divorce in Turkey

Jul 19, 2024

7 min read

Updated: 6 days ago

Divorce is a challenging process, and understanding the legal steps can help make it smoother. If you are looking for a Turkish family lawyer, this guide explains how divorce works in Turkey. Proceedings are governed by the Turkish Civil Code, which sets out the rights and responsibilities of both spouses. Whether you are a foreigner or a Turkish citizen, here is a clear guide to the process.

What a Turkish family lawyer does

A Turkish family lawyer deals with family law matters in the Turkish courts. These include divorce, child custody, financial support and the division of assets. A lawyer can advise clients on their options, prepare the court papers and speak for them at each hearing.

Turkish family law is part of civil law. That means disputes are decided by the family courts under written codes, not by precedent in the way English courts work. If you are used to the system in the United Kingdom, the structure will feel different. A lawyer who knows both systems can explain the gaps. For more on cross-border help, see our guide to a Turkish divorce lawyer in the UK.

Types of divorce in Turkey

Turkish law recognises two main routes: contested and uncontested divorce. Which one applies depends on whether you and your spouse agree on the key terms.

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 finalised in a single hearing if all paperwork is complete.

Under the Turkish Civil Code, an agreed divorce is only available if the marriage has lasted at least one year. The judge must hear both spouses in person and be satisfied that they agree freely. The spouses usually present a written protocol setting out how they have agreed to deal with children, maintenance and property. The judge must approve these arrangements and can suggest changes to protect the interests of the children.

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 (for example 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 where one party refuses to divorce.

The difference between contested and uncontested cases is the biggest factor in cost and time. Our guides on the cost of divorce in Turkey and how long divorce takes in Turkey give more detailed information.

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.

Which ground fits your case matters. It affects the evidence you need and how the court may treat the issues that follow. Cases involving abuse need particular care, and a lawyer can help you gather the right proof.

Domestic violence and protection

Where there is domestic violence, safety comes before the divorce itself. Turkey has a law on the protection of the family and the prevention of violence against women. It allows protective orders to be sought through the courts. If you or your children are at risk, contact the police or emergency services first. A family lawyer can then explain which protective steps are open to you and how they fit with a divorce case.

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. Finalisation

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.

Maintenance and compensation

Turkish family law recognises several kinds of financial support. A lawyer will look at which ones apply to your case:

Interim maintenance (tedbir nafakası): support ordered while the divorce case is still running.
Child maintenance (iştirak nafakası): paid by the non-custodial parent towards the child's needs.
Maintenance for a spouse (yoksulluk nafakası): for a spouse who would fall into poverty because of the divorce, where they are not more at fault.
Compensation (maddi ve manevi tazminat): a spouse may claim compensation for financial loss or for harm to personal rights caused by the other spouse's fault.

The court sets the amounts by looking at both parties' circumstances. Maintenance can later be increased, reduced or ended if circumstances change.

Child abduction and the Hague Convention

Some families are split across borders, and one parent may take a child to another country without the other's agreement. International child abduction is a serious matter. Turkey is a party to the Hague Convention on the Civil Aspects of International Child Abduction. The Convention sets out a process for asking for a child's return. The rules are technical and the time limits matter. If this has happened to you, take legal advice at once. You can also read the UK government's travel advice for Turkey for general information.

Division of assets

In Turkey, assets acquired during the marriage are divided equally between spouses unless a prenuptial agreement states otherwise.

What is included: property, savings and investments made during the marriage.
What is excluded: assets owned before the marriage or received as gifts or inheritance.

In practice this can cover real estate, vehicles, bank accounts and business interests. Each item needs to be identified and valued, so keep clear records. If you own a home or land in Turkey, our Turkish property lawyer guide explains the property side in more detail.

How long does divorce take?

Uncontested divorce: typically finalised in 1 to 2 months.
Contested divorce: can take 1 to 3 years, depending on the complexity of the case and court availability.

These are general ranges. Your own timing will depend on the court, the evidence and how far the parties cooperate.

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.

This matters for many couples who live in the United Kingdom but married in Turkey, or where one spouse holds Turkish citizenship. Turkish citizens living abroad can still be divorced in the Turkish courts. Documents often need translating, and some may need to be legalised. The UK government explains how to get a document legalised.

Perhaps you divorced in the UK and now need the result to count in Turkey. If so, the foreign divorce decrees may need to be recognised by a Turkish court first. Ask a lawyer how this works for your case before you rely on it, for example when you update civil registry records.

Why work with a Turkish family 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.

A good lawyer will also be honest about your chances and the likely cost. They should explain each step in plain language and tell you what documents they need. If you do not speak Turkish, look for an English-speaking lawyer. Our guide to an English-speaking Turkish divorce lawyer explains what to look for.

Preparing for your first meeting

A little preparation saves time and money. Before you meet a family lawyer, gather the following:

Your marriage certificate and identity documents.
Details of any children, including their dates of birth.
A list of assets and debts, such as property, savings and loans.
Any prenuptial agreement.
Evidence for your chosen ground, such as messages, reports or witness details.

Write a short timeline of the marriage and the main events. This helps the lawyer see the key points quickly and advise you on the best route.

Final thoughts

Divorce is never easy, but understanding the process can help reduce stress and uncertainty. Whether you are pursuing an uncontested divorce or facing a contested case, knowing your rights and options is essential.

If you are considering a divorce in Turkey, seek legal advice from an experienced Turkish family lawyer. Good advice can make the process smoother and help ensure your rights are protected. We assist clients in the United Kingdom and in Turkey with family law matters. You may also like our guide on how to get divorced in Turkey.