How To Legally Get a Divorce in Turkey

Table of Contents

• Introduction: The Judicial Process of Divorce in Turkey
• The Two Paths to Divorce: Uncontested vs. Contested
• Path 1: The Uncontested Divorce (Anlaşmalı Boşanma)
  • Eligibility Requirements
  • Creating the Divorce Protocol
  • The Court Hearing
• Path 2: The Contested Divorce (Çekişmeli Boşanma)
  • Filing a Lawsuit on Legal Grounds
  • The Litigation Journey and Evidence
• Key Decisions Made by the Court
  • Child Custody and Visitation
  • Financial Support (Alimony / Nafaka)
  • Division of Marital Property
• Finalizing the Divorce Decree

Ending a marriage is a significant life event, and going through the legal procedure in another country may be perplexing. In Turkey, a divorce is a legal issue that can only be carried out by a court's ruling. You can't get divorced via a religious or administrative procedure; you need a judge.

There are two very different ways to get a divorce in Turkey. One is for quick and easy divorces, and the other is for cases when the parties can't agree. This article will show you the choices you have, the important things you need to take care of, and the actions you need to do to officially end your marriage.

The Two Paths to Divorce: Amicable Agreement vs. Adversarial Court Case

The first and most critical decision you and your spouse will make determines the entire nature of your divorce proceedings. The choice is between an uncontested (amicable) divorce and a contested (adversarial) one.

• Uncontested Divorce (Anlaşmalı Boşanma): This is the fast-track option, possible only when both spouses are in complete agreement on every single issue related to the divorce. This includes custody of children, financial support, and the division of all property. If you can reach a full agreement, the process can be quick and relatively inexpensive.
• Contested Divorce (Çekişmeli Boşanma): If there is disagreement on even one point, from the grounds for the divorce itself to the amount of child support, the case must proceed down the contested path. This is a much longer, more expensive, and often emotionally draining legal battle where you essentially sue your spouse, and a judge makes all the final decisions after hearing evidence.

Path 1: The Uncontested Divorce - A Step-by-Step Guide

The uncontested divorce is the most efficient way to end a marriage in Turkey, but it has strict requirements.

Meet the Eligibility Rules:

• The One-Year Rule: Your marriage must have lasted for at least one full year before you can file for an uncontested divorce. This is a firm rule that the judge will check first.
• Full Agreement: You and your spouse must agree on everything. This consensus is formalized in a document called a Divorce Protocol.

Create a Comprehensive Divorce Protocol: This signed agreement is the cornerstone of your uncontested divorce. It is a legally binding contract that must clearly detail the terms of your separation, leaving no room for future disputes. It must cover:

• Financial Consequences: This includes any claims for material or "moral" compensation and, crucially, a clear statement on spousal support (alimony). You must state the agreed-upon amount or include a clause where both parties waive the right to it.
• Arrangements for Children: If you have minor children, the protocol must specify which parent will have custody (velayet), a detailed visitation schedule for the non-custodial parent, and the exact amount of child support to be paid.

The judge will review this protocol to ensure it is fair, especially regarding the children's welfare, and has the authority to suggest changes if necessary.

The Court Hearing: Once the petition and protocol are filed, the court will set a hearing date. The most important rule for an uncontested divorce is that both spouses must attend this hearing in person. A lawyer cannot appear on your behalf for this specific hearing. The judge is legally required to hear from both of you directly to confirm that you are divorcing of your own free will. If all conditions are met, the judge can grant the divorce in this single session, often making the entire process from filing to hearing last only a few months.

Path 2: The Contested Divorce - Navigating a Fault-Based System

When agreement is not possible, the divorce becomes a formal lawsuit. This process is adversarial and centers on the concept of "fault."

Filing a Lawsuit on Legal Grounds: The plaintiff (the spouse filing for divorce) must sue the other based on specific legal grounds outlined in the Turkish Civil Code. The most common ground is the "irretrievable breakdown of the marital union," but this requires proving that the other spouse is at fault for the breakdown. Other specific grounds include adultery, abandonment, or cruel treatment.

The Litigation Journey: A contested divorce is a lengthy process that can take from one and a half to four years, especially if there are appeals. It involves several formal stages:

• Exchange of Petitions: A formal back-and-forth of written arguments between you and your spouse's lawyers.
• Hearings: Multiple court hearings to review the case, hear from witnesses, and present evidence.
• Evidence Phase: This is the core of the case, where you must prove your claims. Admissible evidence can include witness testimony, financial records, police or medical reports, and even electronic communications like SMS and WhatsApp messages. However, evidence obtained illegally, such as by hacking an email account or making secret recordings, is strictly inadmissible and can expose you to criminal charges.

Key Decisions the Court Will Make

Whether your divorce is contested or uncontested, the final decree will address three fundamental issues:

Child Custody and Visitation: The court's only guiding principle here is the "best interest of the child." The judge will evaluate all factors to decide which parent is better suited to have sole custody. The non-custodial parent is always granted visitation rights to maintain a personal relationship with the child.

Financial Support (Alimony / Nafaka): There are three main types of alimony:

• Temporary Alimony: Awarded to support a financially weaker spouse and children while the divorce case is ongoing.
• Poverty Alimony: Post-divorce support for a spouse who will fall into poverty as a result of the divorce, provided they are less at fault than their partner.
• Child Support: An obligatory contribution from the non-custodial parent for the child's care, health, and education, which continues until the child turns 18 (or longer if they are still in school).

Division of Marital Property: Unless you have a prenuptial agreement, your assets are divided according to Turkey's default regime of "participation in acquired property." The rule is simple:

• Acquired Property: All assets obtained by either spouse during the marriage through work (salaries, business profits, etc.) are considered the product of the marital union and are divided equally (50/50).
• Personal Property: Assets owned by either spouse before the marriage, or assets received as an inheritance or a gift during the marriage, are considered personal property and are not subject to division.

Finalizing Your Divorce

The judge's announcement in court is not the final step. The decision must be formally written and served on both parties. A two-week appeal period must then pass. Once this period expires, the decision becomes legally "final." The court then sends the final decree to the Civil Registry Office (Nüfus Müdürlüğü), which officially updates your marital status in all government records. This final registration can be tracked on Turkey's e-Government portal, e-Devlet.

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