How to Get Divorced in Turkey: Legal Grounds, Process, and Requirements

How to Get Divorced in Turkey

Divorce in Turkey is exclusively governed by secular law. The Turkish Civil Code (Turk Medeni Kanunu, Law No. 4721), adopted on November 22, 2001, sets out the legal framework for marriage dissolution, replacing the earlier Civil Code of 1926 which was itself modeled on the Swiss Civil Code. Under Turkish law, divorce can only be granted by a court; there is no administrative or religious divorce recognized by the state.

Turkey's family law system is based on the principle of judicial divorce, meaning that a marriage can only be dissolved by a decision of the competent Family Court. This article provides a comprehensive overview of the legal grounds, procedures, and consequences of divorce under Turkish law.

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Table of Contents

• Legal Framework
• Grounds for Divorce
• Types of Divorce Proceedings
• Step-by-Step Divorce Process
• Required Documents
• Jurisdiction and Competent Courts
• Property Division
• Alimony (Nafaka)
• Child Custody and Parental Rights
• Compensation Claims
• Divorce for Foreign Nationals
• Recognition of Foreign Divorce Decrees
• Timeline and Costs
• Frequently Asked Questions

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Legal Framework

The legal basis for divorce in Turkey is found in the Turkish Civil Code (Law No. 4721), specifically in Articles 161 through 184. The key provisions are:

• Articles 161-166: Grounds for divorce
• Articles 167-169: Procedural rules for divorce lawsuits
• Articles 170-178: Legal consequences of divorce (property, alimony, custody)
• Articles 179-184: Additional provisions on post-divorce arrangements

Turkey adopted its first secular civil code in 1926, drawing heavily from the Swiss Civil Code. This was a landmark reform of the early Republic, abolishing religious-based family law. The current Turkish Civil Code (2001) modernized several provisions, most notably introducing the equal property sharing regime and strengthening the rights of spouses in divorce proceedings.

The Constitution of the Republic of Turkey (Article 41) defines the family as the foundation of Turkish society and provides that the state shall take necessary measures to ensure the peace and welfare of the family. However, when a marriage has irretrievably broken down, the law provides clear mechanisms for dissolution.

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Grounds for Divorce

Turkish law establishes both specific (absolute) grounds and a general ground for divorce, codified in Articles 161 through 166 of the Turkish Civil Code.

Specific Grounds

Article 161 - Adultery (Zina)

If one spouse commits adultery, the other spouse may file for divorce. The right to file expires six months after the aggrieved spouse learns of the adultery, and in any case five years after the act occurred. A spouse who has forgiven the infidelity forfeits the right to sue on this ground.

Article 162 - Attempt on Life, Cruel Treatment, or Severely Dishonorable Conduct

Either spouse may file for divorce if the other has attempted to endanger their life, subjected them to cruel treatment, or committed a severely dishonorable act against them. The same statute of limitations applies: six months from discovery, five years from the act. Forgiveness bars the lawsuit.

Article 163 - Commission of a Disgraceful Crime or Leading a Dishonorable Life

If one spouse commits a disgraceful crime or leads a dishonorable life that makes continued cohabitation unbearable for the other spouse, the aggrieved party may seek divorce. There is no time limitation for this ground.

Article 164 - Abandonment (Terk)

If one spouse abandons the marital home to evade marital obligations, or refuses to return without just cause, and the separation has lasted at least six months, the abandoned spouse may petition for divorce. Before filing, the abandoned spouse must request a judge or notary to issue a formal warning to the absent spouse. If the absent spouse fails to return within two months of the warning, a divorce lawsuit may be filed.

Article 165 - Mental Illness (Akil Hastaligi)

If one spouse suffers from a mental illness that makes continuation of the marriage unbearable for the other, divorce may be sought, provided that an official medical board certifies that the illness is incurable.

General Ground

Article 166 - Irretrievable Breakdown of the Marital Union (Evlilik Birliginin Temelden Sarsilmasi)

This is the most commonly invoked ground for divorce in Turkey. If the marital union has broken down so fundamentally that the spouses cannot reasonably be expected to continue living together, either spouse may file for divorce. The court evaluates whether the marriage is salvageable based on the evidence presented.

Article 166 also contains the legal basis for mutual consent divorce (anlasmali bosanma): if the marriage has lasted at least one year and both spouses jointly apply for divorce, or one spouse accepts the other's lawsuit, the marriage is deemed to have irretrievably broken down. The judge must hear both parties in person and be satisfied that their consent is given freely.

If three years have passed since a judicial separation, and the marital union has not been restored, either party may petition for divorce based on factual separation.

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Types of Divorce Proceedings

Uncontested Divorce (Anlasmali Bosanma)

An uncontested divorce is available when both spouses agree to end the marriage and reach a consensus on all ancillary matters. The requirements are:

1. The marriage must have lasted at least one year
2. Both spouses must apply jointly to the court, or one spouse must accept the other's petition
3. Both spouses must appear in person before the judge and confirm their free consent
4. A divorce protocol (bosanma protokolu) must be prepared, covering:
   • Child custody and visitation arrangements
   • Child support (istirak nafakasi) amount
   • Spousal alimony (yoksulluk nafakasi), if any
   • Property division arrangements
   • Any compensation claims

The judge reviews the protocol and may suggest modifications to protect the interests of the children. Once approved, the divorce is typically finalized in a single hearing.

Contested Divorce (Cekismeli Bosanma)

A contested divorce is filed when the spouses cannot agree on the divorce itself or on its consequences. The filing spouse must demonstrate one of the legal grounds specified in Articles 161-166 and present supporting evidence. Contested divorces involve multiple hearings, witness testimony, and may require expert evaluations. The court makes binding decisions on all disputed matters including custody, alimony, and property division.

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Step-by-Step Divorce Process

1. Preparation and Filing

The petitioning spouse (or both spouses in an uncontested case) prepares a divorce petition (dava dilekesi) outlining the grounds for divorce, relevant facts, and requested relief. The petition is filed at the competent Family Court along with supporting documents and court fees.

2. Service of Process

In a contested divorce, the court serves the petition on the respondent spouse, who is given a period (usually two weeks) to file a response.

3. Preliminary Examination Hearing

The court conducts a preliminary hearing to identify the disputed issues, hear initial statements from both parties, and establish a procedural timeline.

4. Investigation and Evidence Phase

Both parties present their evidence, including witness testimony, financial documents, expert reports, and other relevant materials. Multiple hearings may be scheduled during this phase.

5. Final Hearing and Judgment

After evaluating all evidence, the court issues its ruling. The judgment addresses the divorce itself and all ancillary matters including custody, alimony, property division, and compensation.

6. Appeals Process

Either party may appeal the decision to the Regional Court of Appeals (Bolge Adliye Mahkemesi) within two weeks of receiving the reasoned judgment. A further appeal to the Court of Cassation (Yargitay) is possible on points of law.

7. Finalization

The divorce becomes legally effective when the court decision is finalized (kesinlesme). The court notifies the civil registry office (nufus mudurlugu) to update the marital status records.

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Required Documents

The following documents are typically required when filing for divorce in Turkey:

• Petition (dava dilekesi) stating grounds and requested relief
• Identity documents (Turkish ID card or passport)
• Marriage certificate (evlenme cuzdani)
• Population registration certificate (nufus kayit ornegi)
• Residence certificate (yerlesim yeri belgesi)
• Evidence supporting the grounds for divorce (photographs, messages, financial records, medical reports, etc.)
• Witness list, if applicable
• Divorce protocol, in uncontested cases
• Court fee receipts and advance expense payments

For foreign nationals, all foreign-language documents must be translated into Turkish by a certified sworn translator (yeminli tercuman) and apostilled or authenticated through the relevant consulate.

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Jurisdiction and Competent Courts

Divorce cases in Turkey are heard by Family Courts (Aile Mahkemesi). In judicial districts where no Family Court has been established, the Civil Court of First Instance (Asliye Hukuk Mahkemesi) acts in that capacity.

The territorial jurisdiction is determined by:

• The place of residence of either spouse, or
• The place where the spouses last lived together for at least six months before filing

Either spouse may file in their own district of residence, regardless of where the other spouse lives.

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Property Division

Default Matrimonial Property Regime

Since January 1, 2002, the default matrimonial property regime in Turkey is the Participation in Acquired Property regime (Edinilmis Mallara Katilma Rejimi), governed by Articles 218-241 of the Turkish Civil Code.

Under this regime:

• Acquired property (edinilmis mal): Assets obtained by either spouse during the marriage through labor, income from personal property, social security payments, and compensation for loss of working capacity. These are subject to equal division upon divorce.
• Personal property (kisisel mal): Assets owned before the marriage, inheritances, gifts received during the marriage, and items serving personal use. These remain with the original owner and are not subject to division.

Each spouse has a participation claim (katilma alacagi) equal to half of the net increase in the other spouse's acquired property during the marriage.

Property Division Process

Property division is not automatically decided within the divorce proceedings. Spouses must file a separate lawsuit for property division, or include the matter in the divorce protocol in an uncontested divorce. The statute of limitations for property division claims is 10 years from the date the divorce becomes final.

Family Residence Protection

Under Article 194 of the Turkish Civil Code, the family residence receives special protection. A spouse cannot sell, mortgage, or otherwise dispose of the family home without the consent of the other spouse, even if the home is solely owned by one party. An annotation (serh) may be registered on the property deed to enforce this protection.

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Alimony (Nafaka)

Turkish law recognizes three types of alimony:

Temporary Alimony (Tedbir Nafakasi)

Awarded during the divorce proceedings to the financially disadvantaged spouse and/or children. This begins from the date the lawsuit is filed and continues until the final judgment becomes definitive.

Poverty Alimony (Yoksulluk Nafakasi)

Post-divorce spousal support awarded to the spouse who will fall into financial hardship as a result of the divorce (Article 175). Key conditions:

• The recipient must not be the predominantly at-fault party
• The recipient must face genuine financial hardship (yoksulluk)
• The payment continues indefinitely until the recipient remarries, either party dies, or the recipient enters a marriage-like cohabitation
• The amount may be modified if circumstances change

Child Support Alimony (Istirak Nafakasi)

The non-custodial parent is obligated to contribute to the child's care, education, and living expenses (Article 182). The amount is determined based on the child's needs and the parent's financial capacity. This obligation continues until the child reaches the age of majority (18) or completes their education.

Determination of Alimony Amounts

Turkish courts consider the following factors when determining alimony:

• Financial capacity and income of the paying spouse
• Needs and living standards of the recipient
• Duration of the marriage
• Age, health, and earning capacity of both parties
• Contributions to the marriage (including homemaking and childcare)

Alimony amounts are subject to annual adjustment, and courts typically apply the Consumer Price Index (TUFE) rate for increases.

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Child Custody and Parental Rights

Custody (Velayet)

Under Turkish law, custody is awarded to one parent after divorce (Article 336). Joint custody is not recognized under current Turkish legislation. The court's primary consideration is the best interest of the child, taking into account:

• The child's age and developmental needs
• The emotional bond between the child and each parent
• Each parent's capacity to provide a stable environment
• The child's own preference (considered when the child is of sufficient maturity)
• Reports from social workers and child psychologists

Children under the age of approximately 3-4 are generally placed with the mother, unless there are compelling reasons otherwise, reflecting the principle of the "tender years doctrine" still applied in Turkish courts.

Personal Contact (Visitation Rights)

The non-custodial parent is entitled to personal contact (kisisel iliski) with the child. The court determines the frequency and terms of visitation. Typical arrangements include alternate weekends and shared holidays. Denial of visitation rights by the custodial parent may lead to enforcement measures.

International Custody Disputes

Turkey is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In cases involving cross-border custody disputes, the Convention's mechanisms for the return of wrongfully removed or retained children apply.

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Compensation Claims

In addition to alimony, the aggrieved spouse may claim two types of compensation within the divorce proceedings:

Material Compensation (Maddi Tazminat)

Under Article 174/1, a spouse whose existing or expected interests are damaged by the divorce may claim material compensation from the other spouse, provided the claimant is not more at fault. This covers economic losses resulting from the dissolution of the marriage.

Moral Compensation (Manevi Tazminat)

Under Article 174/2, the spouse whose personal rights have been violated by the events leading to the divorce may claim moral compensation. This addresses emotional suffering, dignity violations, and psychological harm.

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Divorce for Foreign Nationals

Foreign nationals may file for divorce in Turkey under the following conditions:

• The marriage was registered in Turkey, or
• At least one spouse is a resident of Turkey, or
• The matrimonial domicile is in Turkey

Applicable Law

Under Turkish Private International Law (Law No. 5718, Article 14), the applicable law for divorce is determined by the common national law of the spouses. If the spouses hold different nationalities, the law of their common habitual residence applies. If they have no common habitual residence, Turkish law applies.

In practice, when at least one party is a Turkish citizen, Turkish law is almost always applied.

Practical Considerations for Foreigners

• All documents in foreign languages must be apostilled and translated by a certified sworn translator
• Foreign spouses have equal rights regarding custody, alimony, and property division
• A foreign spouse may appoint a Turkish attorney through a power of attorney (vekaletname) issued at a Turkish consulate abroad
• In-person attendance at hearings can be waived for parties residing abroad if represented by an attorney, except in uncontested divorces where both parties must appear before the judge

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Recognition of Foreign Divorce Decrees

A divorce decree issued by a foreign court is not automatically recognized in Turkey. To have legal effect, the foreign judgment must go through a recognition and enforcement (tanima ve tenfiz) proceeding before a Turkish Family Court.

Requirements for recognition include:

• The foreign court must have had jurisdiction under its own laws
• The judgment must be final and non-appealable in the country of origin
• The judgment must not violate Turkish public policy
• The defendant's procedural rights must have been respected (proper service, right to be heard)

The recognition process typically takes 3 to 6 months if uncontested.

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Timeline and Costs

Estimated Duration

Type of Divorce	Typical Duration
Uncontested divorce	1 - 3 months
Contested divorce (first instance)	1 - 3 years
Appeal (Regional Court of Appeals)	6 - 12 months
Appeal (Court of Cassation)	6 - 18 months

Costs

Divorce costs in Turkey vary depending on the type and complexity of the case:

• Court fees and expenses: Court filing fees, notification costs, and advance expense payments are determined annually by the government
• Attorney fees: While legal representation is not mandatory, attorney fees for an uncontested divorce typically range between TRY 25,000 and TRY 50,000, while contested divorces may cost significantly more depending on complexity and duration
• Expert and translation fees: Additional costs may arise for property valuations, psychological evaluations, and document translations

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Professional Legal Assistance

Navigating the divorce process in Turkey requires a thorough understanding of the Turkish Civil Code and family court procedures. Whether you are a Turkish citizen or a foreign national, professional legal guidance can help protect your rights and interests throughout the proceedings.

As a family law attorney based in Izmir, I provide comprehensive legal assistance in both contested and uncontested divorce cases, including drafting divorce protocols, representing clients in court hearings, and handling property division and custody matters.

For a confidential consultation, please visit the contact page or call directly.

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Frequently Asked Questions