Divorce Lawyer in Turkey – Atty. Ozan Soylu (Turkish Family Lawyer)

Navigating the complexities of divorce proceedings in Turkey requires specialized legal expertise. The Turkish legal system has its own unique approach to family law matters, particularly when it comes to dissolution of marriage.

Understanding these nuances is essential for both Turkish citizens and foreigners who need to handle divorce cases within the Turkish jurisdiction. Many individuals searching for information about divorce in Turkey often face challenges due to language barriers and unfamiliarity with the local legal framework.

This comprehensive guide aims to provide clarity on how Turkish divorce lawyers operate and what you should know before initiating divorce proceedings in Turkey.

 

The Turkish Legal System and Family Law

The Turkish legal system is based on a civil law tradition with significant reforms implemented over the past century. Family law in Turkey is primarily governed by the Turkish Civil Code, which underwent major revisions in 2002 to align more closely with European standards.

These reforms substantially improved gender equality in marriage and divorce proceedings, establishing a more balanced approach to property division and child custody matters. Understanding the foundational aspects of Turkish family law is crucial before delving into specific divorce procedures.

Turkey’s judicial system handles family matters through specialized family courts (Aile Mahkemeleri) that exclusively deal with marriage, divorce, custody, and other domestic relations issues. These specialized courts were established to ensure that family cases receive appropriate attention from judges with expertise in family law matters.

 

Grounds for Divorce Under Turkish Law

Turkish law recognizes two primary types of divorce: contested divorce and uncontested divorce. Each follows different legal procedures and has varying implications for the parties involved.

An uncontested divorce (anlaşmalı boşanma) occurs when both spouses mutually agree to end their marriage and can reach agreement on key issues such as property division, child custody, and alimony. This type of divorce tends to be faster and less complicated than contested proceedings.

In contested divorces (çekişmeli boşanma), one spouse files for divorce against the wishes of the other, or the couple cannot agree on critical matters related to the divorce. Turkish law recognizes several grounds for contested divorce:

• Irretrievable breakdown of the marriage
• Adultery
• Life-threatening behavior, severe mistreatment, or humiliation
• Commission of a crime or dishonorable lifestyle
• Abandonment
• Mental illness

The concept of irreconcilable differences is recognized in Turkish divorce law, allowing courts to grant divorce when the marriage has broken down to a point where the couple cannot be expected to continue their relationship.

 

Property Division in Turkish Divorces

Turkish law follows the principle of marital property division based on when assets were acquired. Assets acquired during the marriage are generally considered joint property and subject to equal division, while assets owned before marriage or received as personal gifts or inheritance remain separate property.

The default property regime in Turkey is the “participation in acquired property” regime, which came into effect with the 2002 revisions to the Civil Code. Under this regime, each spouse is entitled to half of the increase in value of property acquired during the marriage.

However, couples can choose alternative property regimes through a marital agreement before or during marriage. These options include separation of property, community property, or other arrangements recognized by Turkish law.

Property division can become particularly complex in international marriages or when assets are located in multiple countries. In such cases, experienced divorce attorneys with knowledge of international law are essential.

 

Child Custody and Support Issues

Turkish courts prioritize the best interests of the child when making custody decisions. Traditionally, mothers were often granted custody of young children, but modern Turkish law emphasizes shared parental responsibility when possible.

The court considers several factors when determining custody arrangements:

• Age and gender of the child
• Emotional bonds between the child and each parent
• Parents’ ability to provide care and education
• Child’s adjustment to home, school, and community
• Mental and physical health of all parties
• Child’s preference (if mature enough)

Joint custody arrangements are becoming more common in Turkey, though one parent is typically designated as the primary custodial parent while the other receives visitation rights. The non-custodial parent is generally required to provide child support (iştirak nafakası) until the child reaches adulthood or completes higher education.

Child support amounts are calculated based on the needs of the child and the financial capacity of the non-custodial parent. Turkish courts may modify support orders if circumstances change substantially.

 

Alimony and Financial Support

Turkish law provides for several types of financial support between former spouses. Alimony (nafaka) may be temporary or permanent, depending on the circumstances of the divorce and the financial situation of both parties.

Temporary alimony can be awarded during divorce proceedings to help maintain the standard of living until the divorce is finalized. Permanent alimony may be granted to a spouse who will face financial hardship following divorce, particularly in cases of long marriages or when one spouse has limited earning capacity.

The amount and duration of alimony depend on several factors:

• Length of the marriage
• Standard of living during marriage
• Age and health of both spouses
• Education and employment prospects
• Contributions to the marriage (including non-financial)
• Fault in the breakdown of the marriage

Turkish courts retain the authority to modify alimony arrangements if circumstances change significantly for either party. Alimony obligations typically end if the recipient remarries or begins cohabiting with a new partner.

 

International Divorce Cases in Turkey

For expatriates and international couples, international divorce cases present unique challenges. Questions of jurisdiction, applicable law, and enforcement of judgments across borders require specialized legal knowledge.

Turkey is a party to several international conventions that govern aspects of international family law, including the Hague Convention on the Recognition of Divorces and Legal Separations. These agreements facilitate the recognition and enforcement of divorce decrees across national boundaries.

Key considerations in international divorce cases include:

• Determining which country has jurisdiction to hear the divorce case
• Identifying which country’s laws should apply to various aspects of the divorce
• Ensuring recognition of the divorce decree in relevant countries
• Addressing cross-border enforcement of support and custody orders
• Managing tax implications across multiple jurisdictions

Expatriates residing in Turkey should consult lawyers with expertise in both Turkish and international family law to navigate these complex issues effectively.

 

Choosing the Right Divorce Lawyer

Selecting an appropriate divorce attorney is perhaps the most crucial decision in the divorce process. The right lawyer can significantly impact the outcome of your case and reduce the emotional and financial toll of divorce proceedings.

When seeking a divorce lawyer in Turkey, consider the following factors:

• Experience with similar divorce cases
• Knowledge of relevant areas of law (property, custody, international law)
• Language capabilities (particularly important for foreign clients)
• Communication style and accessibility
• Fee structure and transparency
• References or reviews from previous clients

For foreign nationals, finding a lawyer who speaks your language fluently and understands both Turkish law and the legal system of your home country is particularly important. Many law firms in major Turkish cities like Istanbul, Ankara, and Izmir specialize in serving international clients and offering multilingual services.

 

The Divorce Process Timeline

Understanding the typical timeline for divorce proceedings in Turkey can help manage expectations and reduce anxiety during this challenging process. While each case is unique, most divorces follow a similar procedural path.

An uncontested divorce can be completed relatively quickly, sometimes in as little as one court session if all agreements are properly documented and meet legal requirements. The process typically involves filing a joint petition, attending a court hearing where the judge reviews the agreement, and receiving the divorce decree.

Contested divorces are naturally more time-consuming and may extend over several months or even years in complex cases. The process generally includes:

• Filing the divorce petition
• Serving notice to the other spouse
• Preliminary hearings to address temporary matters
• Discovery phase to gather evidence
• Mediation attempts (mandatory in many cases)
• Trial if settlement cannot be reached
• Issuance of the divorce decree
• Potential appeals

Turkish courts encourage mediation in family disputes, and judges often make significant efforts to reconcile couples before proceeding with divorce. This conciliation attempt is a mandatory step in the Turkish divorce process.

 

Legal Fees and Costs

The cost of divorce proceedings in Turkey varies widely depending on the complexity of the case, the location, and the specific lawyers involved. Understanding potential legal expenses helps in planning and avoiding financial surprises.

Most Turkish divorce lawyers charge either an hourly rate or a fixed fee for specific services. Contested divorces typically cost significantly more than uncontested ones due to the increased time and resources required.

Additional expenses may include:

• Court filing fees
• Expert witness fees (for property valuation, psychological evaluations, etc.)
• Translation and interpretation services
• Document authentication and legalization
• Travel expenses for court appearances

Many lawyers require an initial retainer fee before beginning work on a case. It’s advisable to discuss fee structures and payment expectations clearly during your initial consultation to avoid misunderstandings later.

 

Alternative Dispute Resolution

While traditional litigation remains common, alternative methods for resolving divorce disputes are gaining popularity in Turkey. These approaches often save time, money, and emotional stress compared to courtroom battles.

Mediation involves a neutral third party who helps couples negotiate agreements on various aspects of their divorce. While not binding, successful mediation can form the basis for an uncontested divorce filing.

Collaborative divorce is another approach where each spouse retains a lawyer, but all parties commit to resolving issues without court intervention. This process often includes other professionals such as financial advisors and child specialists.

Turkish law has increasingly recognized and formalized alternative dispute resolution methods, particularly for family matters. The 2012 Mediation Law provides a framework for mediation in civil disputes, including certain aspects of divorce proceedings.

 

Post-Divorce Legal Issues

Legal matters don’t necessarily end when the divorce decree is issued. Various post-divorce issues may require ongoing legal attention or modifications to the original agreements.

Common post-divorce legal matters include:

• Enforcement of property division orders
• Modification of custody arrangements
• Adjustment of child support or alimony amounts
• Relocation cases involving children
• Implementation of visitation schedules
• Collection of unpaid support

Turkish courts maintain jurisdiction to modify orders related to children until they reach adulthood. Either parent can petition for changes if circumstances have materially changed since the original order.

For property-related matters, enforcement mechanisms include attaching wages, seizing assets, or imposing other penalties for non-compliance with court orders.

 

Our Legal Services at Soylu Law

At Soylu Law, we specialize in providing comprehensive divorce representation for both Turkish citizens and international clients. Our team of experienced attorneys brings deep knowledge of Turkish family law combined with a sensitive approach to the emotional aspects of divorce proceedings.

We offer services in all aspects of divorce law, including:

• Initial consultations and case evaluation
• Representation in both contested and uncontested divorces
• Property division negotiations and litigation
• Child custody and support arrangements
• Alimony determinations
• International divorce cases
• Post-divorce modifications and enforcement

Our firm prides itself on managing international document requirements and navigating the complexities of cross-border legal matters. We have extensive experience working with foreign clients and can provide services in multiple languages to ensure clear communication throughout the legal process.

 

For more assistance or consultation on this matter, you can contact us.