💔 Divorce in Turkey

“Divorce is not an end, but the beginning of rights. The marriage ends, rights begin.”

Divorce in Turkey refers to the legal termination of a marital union and is regulated under the Turkish Civil Code. The divorce process is not completed solely through a court decision; it also involves protecting the rights of both parties, securing the future of any children, and ensuring fair division of assets. In Turkey, divorce cases are divided into two main categories: uncontested and contested. Since each type of divorce involves different procedures and evidentiary systems, proper legal guidance at the outset is critically important.

For individuals seeking divorce, the most crucial step is correctly identifying the grounds for divorce. In addition to specific grounds such as adultery, attempted murder, or abandonment, the general ground of irretrievable breakdown of the marital union is also recognized. Each ground for divorce entails different burdens of proof and case durations, making strategic planning essential from the beginning. Proceeding with the correct legal basis shortens the litigation period and helps prevent loss of rights.

Among the most frequently asked questions after divorce are child custody, alimony, and asset division. Once divorce occurs, the economic and social conditions of both parties are reshaped. Especially when children are involved, the divorce process affects not only the spouses but also the child’s psychological and educational development. Therefore, when making divorce decisions, the best interests of the child must be prioritized. Post-divorce custody arrangements are determined by the court based on the child’s needs.

Divorce in Turkey, In divorce cases, the marital property regime governs how assets acquired during the marriage are divided. The default regime in Turkey—participation in acquired property—aims to fairly distribute jointly acquired assets after divorce. During asset division between parties, the divorce protocol and notarized agreements play a significant role. Post-divorce, claims for material and moral compensation may also arise. Compensation claims against the at-fault spouse are adjudicated by the court.

Divorce in Turkey  In conclusion, divorce is not merely the end of a marriage—it is a process of legal, economic, and social restructuring. Accessing accurate information during the divorce process plays a critical role in preventing loss of rights. On this platform, we present all legal procedures related to divorce in a clear, accessible, and legislation-based format. Divorce cases, grounds for divorce, divorce protocols, post-divorce rights, and all essential details to consider during the process are available here. To access accurate information about divorce, you may visit our pages.

📁 Divorce in Turkey Cases

Divorce cases refer to the legal procedures followed by spouses during the termination of a marital union. In uncontested cases, spouses reach agreement on all matters and conclude the process swiftly, whereas in contested cases, the court makes decisions based on evidence and witness testimony. Each type of case requires different strategies, documentation, and time management. Therefore, legal preparation tailored to the structure of the process is essential before filing for divorce.

👥 Divorce in Turkey cases are divided into two types: uncontested and contested.

🤝 Uncontested divorce occurs when spouses mutually agree on all legal and personal matters regarding the termination of their marriage.
📝 In this process, a divorce protocol prepared between the parties is submitted to the court. Both spouses attend the hearing together, and the judge reviews the protocol for its suitability regarding child custody, asset division, and compensation before granting approval.

⚔️ Contested divorce is pursued when spouses cannot reach agreement on ending the marriage. In this process, parties disagree on key issues such as asset division, child custody, alimony, and compensation, and require a court ruling for resolution. In contested divorce cases, each spouse must support their claims with evidence; witness statements, written documents, and expert reports are submitted to the case file.

While evaluating the grounds for divorce presented by the parties, the court examines both the legal basis and the impact of events on the marital union. Specific grounds such as adultery, abandonment, attempted murder, and degrading behavior, as well as the general ground of irretrievable breakdown of the marriage, are commonly cited in contested divorce cases. Each ground requires a different burden of proof and litigation strategy.

The contested divorce process takes longer than uncontested divorce and can be more emotionally and financially taxing for the parties. Therefore, legal preparation, evidence management, and strategic planning are of great importance before initiating the case. Parties must clearly state their demands, prepare the petition in accordance with legal regulations, and seek professional support throughout the process.

In conclusion, contested divorce cases are not merely separations—they are comprehensive legal proceedings aimed at protecting rights, securing the future of children, and achieving a fair resolution. Accessing accurate information, ensuring effective representation, and acting in accordance with the law enable parties to complete the divorce process without loss of rights.

🔍 Grounds for Divorce in Turkey

Grounds for divorce are divided into two categories: special and general. Special grounds include adultery (Turkish Civil Code Article 161), attempted murder (Art. 162), criminal conduct and dishonorable lifestyle (Art. 163), abandonment (Art. 164), and mental illness (Art. 165). The general ground is the irretrievable breakdown of the marital union (Art. 166). Each ground has its own burden of proof and litigation timeline.

💔 Adultery

If one spouse engages in sexual relations outside the marriage, the other spouse may file for divorce on the grounds of adultery.
📘 TCC Art. 161 – The case must be filed within 6 months.

🚪 Abandonment

If one spouse leaves the shared residence without a valid reason and this situation continues for at least 6 months, the other spouse may file for divorce.
📘 Turkish Civil Code Article 164 – A notary warning is required.

⚠️ Attempted Murder and Degrading Behavior

If a spouse attempts to harm the other’s life, commits serious insults, or engages in violence, this constitutes grounds for divorce.
📘 Turkish Civil Code Article 162 – The case must be filed immediately.

🧠 Mental Illness

If a spouse suffers from a mental illness to the extent that the marital union cannot be sustained, and this condition cannot be remedied through treatment, it constitutes a valid ground for divorce.
📘 Turkish Civil Code Article 165 – A medical report is required.

🌪️ Irretrievable Breakdown of the Marital Union

If the marriage has become unsustainable due to persistent conflict, breakdown in communication, or loss of trust between the spouses, the general ground for divorce arises.
📘 Turkish Civil Code Article 166/1 – The fault of both spouses may be evaluated.

Each ground requires a different burden of proof, litigation duration, and type of evidence.

📂 Both types of divorce cases involve distinct legal procedures and evidentiary systems.
📜 Witness statements, document submissions, and expert reports are fundamental elements of the process.

⚖️ The objective is to produce a legal resolution that protects the rights of both parties.

⚖️ Types of Divorce in Turkey Cases: Comparative Overview and Process Management

🤝 Uncontested Divorce

Definition: Termination of the marriage through full agreement between the parties on all legal and personal matters.
Requirements: Minimum of 1 year of marriage, submission of a joint protocol, joint appearance at the hearing.
Process Management:

• A protocol is prepared (covering custody, asset division, alimony).
• It is submitted to the court along with the petition.
• If the judge finds the protocol appropriate, a divorce decree is issued.

Advantages: Concludes quickly; emotional and financial burden is lower.
Challenges: Requires complete agreement between the parties.

⚔️ Contested Divorce in Turkey

Definition: The divorce process conducted through a court decision when no agreement can be reached between the parties.
Requirements: Specific grounds such as adultery, abandonment, attempted murder, or general grounds like irretrievable breakdown of the marital union.
Process Management:

• A petition is prepared, stating the grounds for divorce.
• Evidence is collected: witnesses, documents, expert reports.
• Court hearings are held; both parties present their defenses.
• The judge issues a ruling; custody, asset division, and compensation are evaluated separately.

Advantages: A detailed examination is conducted to prevent loss of rights.
Challenges: The process can be long and exhausting; the burden of proof is high.

📊 Comparison Table

📜 Annulment of Marriage

Annulment of marriage means that the marital union is considered legally void from the outset. This process differs from divorce, as it does not concern a valid marriage but rather a union that was invalid from the beginning. Grounds for annulment are regulated under Articles 145 to 160 of the Turkish Civil Code and include impediments to marriage, defects in consent, and formal deficiencies in the official marriage ceremony.

Impediments to marriage may include situations such as one party already being married to someone else, lack of mental capacity due to illness, or close kinship between the spouses. Defects in consent refer to cases where a person was forced into marriage, deceived, or made a serious mistake affecting their intent to marry. Formal deficiencies include failure to conduct the marriage in accordance with legal procedures, such as not performing the ceremony before an authorized official.

When an annulment case is filed, the court determines the invalidity of the marriage and issues a retroactive ruling. In this case, the marriage is deemed never to have existed; however, the legal status of children, property regime, and other legal consequences are protected by special provisions. In particular, the legal status of children is safeguarded under Article 156 of the Turkish Civil Code to ensure they are not affected by the annulment decision.

Annulment is rare but legally complex. Therefore, before filing a case, the validity of the annulment grounds must be carefully evaluated in accordance with the law. An annulment decision can only be based on grounds that existed at the time of marriage; issues arising during the marriage are subject to divorce proceedings.

👶 Child Custody

📌 Custody Decision After Divorce

⚖️ Authority to Decide

Post-divorce custody is determined solely by the judge, based on the best interests of the child.

🤝 Parental Agreement

• Even if the parents reach an agreement,
• The final decision is made through the judge’s independent evaluation.

🧠 Evaluation Criteria

The judge:
• Considers the child’s psychological, social, and educational needs.
• Adopts the solution that best protects the child’s welfare in each specific case.

⚖️ Legal Framework

According to the Turkish Civil Code:
• Custody may be granted to either the mother or the father.
• The judge considers the child’s psychological, social, and educational needs when making the decision.

🧠 Best Interests of the Child

📌 Core Principle of Custody Decisions
When determining custody rights, the best interests of the child are the primary criterion. This principle is central to all legal evaluations.

🔍 Decision Criteria

• Custody is shaped not by the parents’ preferences,
• But by the developmental needs of the child.

📚 Principle of Application

The judge:
• Evaluates the child’s psychological, social, and educational condition.
• In every specific case, adopts the solution that best protects the child’s welfare.

🏠 Asset Division in Divorce

📌 General Principle
Post-divorce asset division is carried out according to the marital property regime applicable to assets acquired during the marriage.

⚖️ Legal Basis

Property regimes are regulated under Articles 202–241 of the Turkish Civil Code.

🗂️ Types of Property Regimes

🔹 Participation in Acquired Property
• This is the default regime.
• Assets acquired during the marriage are divided equally.

🔹 Separation of Property with Sharing
• Determined by contract between the parties.
• Acquired assets are shared; personal assets are excluded.

🔹 Separation of Property
• Each spouse is responsible for their own property.
• No sharing takes place.

🔹 Community of Property
• All assets are considered jointly owned.
• Division is based on the proportion of ownership.

💰 Compensation in Divorce

📌 General Principle
Claims for material and moral compensation during the divorce process are evaluated based on the degree of fault and proof of damage.

⚖️ Legal Basis

According to Article 174 of the Turkish Civil Code:
• The spouse who caused the divorce may be required to pay compensation to the other spouse.

💵 Material Compensation

• Aims to compensate the economic losses suffered by the spouse due to the divorce.
• Factors such as future living standards, loss of income, and deprivation of support are taken into account.

🧭 Moral Compensation

• Aims to remedy the harm caused to the spouse’s personal rights.
• Circumstances such as degrading behavior, psychological impact, and loss of social reputation are considered.

❓ Frequently Asked Questions

📌 How is a divorce case filed?

A divorce case begins when one spouse submits a written petition to the family court. The petition must clearly state the grounds for divorce, any evidence, the status of children, asset division, and alimony requests. The case can be filed in the residence of either spouse or at the last shared address.

⚖️ What are the grounds for divorce?

Grounds for divorce are divided into two categories: special and general. Special grounds include adultery, attempted murder, abandonment, and mental illness. The general ground is the irretrievable breakdown of the marital union, meaning the marriage has deteriorated beyond repair.

🧠 Who decides custody?

Custody rights are determined by the judge after divorce. Even if the parties agree, the judge evaluates the child’s psychological, social, and educational needs. The best interests of the child are always prioritized.

🏠 How is asset division determined?

Asset division is based on the marital property regime applicable to assets acquired during the marriage. The default regime is “participation in acquired property.” If the parties have chosen a different regime before or during the marriage, division is carried out accordingly.

💰 Can compensation be claimed?

The spouse who caused the divorce may be required to pay material and moral compensation to the other. Material compensation covers economic losses due to divorce. Moral compensation addresses harm to personal rights. Fault and damage must be proven.

🧾 What are the types of alimony?

Alimony is divided into three types:
• Temporary alimony is granted during the trial.
• Child support is paid by the non-custodial parent to cover the child’s expenses.
• Poverty alimony is granted to the spouse who faces financial hardship after divorce.

👶 Is the child’s opinion considered?

Yes. Especially for children above a certain age, their opinion is considered in custody and visitation decisions. The judge listens to the child’s views but makes the final decision based on the child’s best interests.

📆 How long does a divorce case take?

The duration depends on the parties’ conduct, the availability of evidence, and the court’s workload. Uncontested divorces may conclude within a few weeks, while contested cases may take 6 months to 2 years.

📍 Where is the case filed if one spouse lives in another city?

The divorce case can be filed in the residence of either spouse or at their last shared address. If the spouses live in different cities, the filing spouse may apply to the family court in their own city.

🧩 What are the conditions for uncontested divorce?

For uncontested divorce, the marriage must have lasted at least one year. The parties must submit a mutual protocol covering custody, alimony, and asset division, and attend the hearing together. If the judge finds the protocol appropriate, the divorce is granted.

🧮 How is a property regime contract made?

The parties may execute a property regime contract at a notary before or during the marriage. Through this contract, they may choose regimes such as separation of property, separation with sharing, or community of property instead of participation in acquired property.

🔐 What qualifies as personal property?

Assets acquired before marriage, inheritance and gifts, and personal items are considered personal property. These are not subject to division upon divorce. If there is uncertainty, the nature of the property is assessed by the court.

🧭 How is fault evaluated?

Fault is assessed based on the behaviors that led to the divorce. Witness statements, messages, documents, and the parties’ conduct are examined. The degree of fault directly affects compensation and alimony decisions.

📤 Does the surname change after divorce?

The woman reverts to her maiden name after divorce. However, if requested and justified, she may continue using her ex-husband’s surname. In such cases, a court decision is required.

  Can a divorce ruling be appealed?

Yes. The decision of the first-instance court can be appealed to the regional court of appeal. The appeal period is two weeks from the date of notification. An appeal cannot be filed before the reasoned decision is received.

🤝 Take the First Step to Clarify the Process
The information provided here offers a general framework for the divorce process. However, every case has its own unique dynamics, documentation, and legal implications. Determining the right course of action regarding custody, property division, compensation, or alimony is only possible through an assessment of the specific circumstances.

If you wish to create a personalized roadmap, clarify your rights, and manage the process with confidence, a direct evaluation is the most effective approach. In-person consultations at the office, along with the necessary documents, help clarify the legal framework and ensure the process proceeds correctly from a technical standpoint.

📞 Let’s Evaluate Together
Behind every legal process lies a real-life situation, a personal need, and decisions racing against time. The information on this page is designed to help you understand the process. However, the real difference emerges through an evaluation tailored to your specific circumstances.

If your documents are ready, if you have questions in mind, or if you simply want to clarify where to begin, we would be pleased to welcome you at our office. One-on-one consultations with concrete documentation not only ensure technical accuracy but also help you shape your decisions with confidence.

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