
Divorce Process in Istanbul | 2025 – Adv. Ozan Soylu
Divorce Process in Istanbul
Navigating Turkey’s divorce system can feel overwhelming, especially if you’re unfamiliar with legal procedures or facing language barriers. Understanding each step of the process helps reduce anxiety and ensures you’re prepared for what comes next.
Initial Consultation and Case Assessment
Your divorce journey begins with a thorough consultation with a lawyer. During this meeting, explain your situation completely, including the reasons you want to divorce, any issues with children or property, and your goals for the outcome.
Your lawyer will assess whether you have grounds for divorce under Turkish law, evaluate the strength of your case, and explain your options. They’ll discuss whether uncontested or contested divorce is appropriate for your situation and outline the likely timeline and costs.
This initial meeting is also your opportunity to ask questions and understand what to expect. Bring any relevant documents you already have, such as your marriage certificate, identity documents, and information about assets or children. The more complete information you provide, the better your lawyer can advise you.
Document Gathering and Preparation
Once you decide to proceed, the next phase involves gathering all required documents. This step often takes longer than clients expect, particularly for international cases requiring apostilles or for contested cases needing substantial evidence.
Your lawyer will provide a detailed checklist of required documents based on your specific case. For Turkish citizens, this includes obtaining a recent population registry printout and marriage certificate. Foreign nationals must begin the apostille process for their marriage certificate and arrange for sworn translations.
In contested cases, evidence collection becomes critical. Gather bank statements, property documents, communications proving your grounds for divorce, and any other evidence supporting your claims. Your lawyer guides this process, advising what evidence the court will find persuasive.
For cases involving children, collect school records, medical documents, and information about the children’s daily routines and needs. This documentation becomes important for custody and child support determinations.
Filing the Divorce Petition
With documents assembled, your lawyer prepares the divorce petition. This formal legal document initiates your case and must comply with specific formatting and content requirements under Turkish procedural law.
The petition outlines your grounds for divorce, your claims for alimony or property division, and the relief you’re seeking from the court. In uncontested cases, the petition is accompanied by your settlement agreement detailing all agreed-upon terms.
Your lawyer files the petition with the appropriate family court in Istanbul. Jurisdiction typically lies with the court in the district where you or your spouse lives, though specific rules govern court selection in different circumstances.
Upon filing, you pay the required court fees. The court assigns a case number and docket, formally beginning the legal process. The court then schedules your first hearing date and arranges for official notification to your spouse.
Serving Your Spouse
Turkish law requires that your spouse receive official notice of the divorce proceedings. The court sends notification through official channels, typically delivered by a court bailiff or postal service with confirmation of receipt.
If your spouse lives at a known address in Turkey, service usually occurs without difficulty. The bailiff delivers the documents and your spouse signs acknowledging receipt. This typically takes two to four weeks from filing.
Service becomes more complicated if your spouse’s location is unknown or if they live abroad. For spouses whose whereabouts are unclear, the court may order publication of a notice in official gazettes. International service follows specific procedures under international conventions or bilateral agreements, often taking several months.
Your spouse has two weeks after receiving the notice to file a response in contested cases. In uncontested cases, they’re simply notified of the hearing date where both parties will appear together.
Court Hearings
The hearing process differs significantly between uncontested and contested divorces. Uncontested divorces typically require only one hearing, scheduled approximately two to four weeks after filing.
At the uncontested divorce hearing, both spouses appear before the judge together. The judge reviews your settlement agreement, asks questions to ensure both parties understand and freely agree to all terms, and verifies that the agreement doesn’t violate Turkish law or public policy. If everything is acceptable, the judge grants the divorce on the spot.
Contested divorce involves multiple hearings spread over months or even years. The first hearing focuses on preliminary matters – the judge explains the process, attempts reconciliation, and sets a schedule for evidence submission and subsequent hearings.
Each subsequent hearing addresses specific issues. One hearing might focus on financial matters, another on custody issues, and others on witness testimony or expert reports. The judge guides the proceedings, but much of the work involves evidence presentation and legal arguments from both sides.
During hearings, both parties have the right to present evidence, call witnesses, and respond to the other side’s arguments. Your lawyer handles most of the speaking, but you may need to answer questions directly from the judge.
Evidence and Witness Examination
In contested cases, evidence presentation forms the core of the proceedings. Documents are submitted according to the court’s schedule, typically several days before each hearing so the judge and opposing party can review them.
Witness testimony occurs during designated hearings. Witnesses testify under oath and can be questioned by both parties’ lawyers and by the judge. Character witnesses, witnesses to specific events like adultery or violence, and expert witnesses like child psychologists all may testify depending on your case.
Expert reports are ordered by the court when specialized knowledge is needed. For example, if property valuation is disputed, the court appoints an expert to assess the property’s value. These experts submit written reports that become part of the case record.
Your lawyer prepares you for how to present evidence most effectively and advises which witnesses will strengthen your case. Strong evidence presentation significantly impacts the final outcome.
Temporary Orders and Interim Relief
During the divorce process, which can take months or years in contested cases, you may need interim court orders addressing immediate concerns. The court can issue temporary orders regarding child custody, spousal support, or use of marital property while the case is pending.
To request temporary relief, your lawyer files a motion explaining the urgent need and supporting it with evidence. The court schedules a hearing relatively quickly to address these interim matters.
Temporary custody orders ensure children have stability during proceedings. Temporary alimony, called “tedbir nafakası,” provides financial support to the economically disadvantaged spouse during the case. These interim orders remain in effect until the final divorce decree, which may modify them.
Negotiation and Settlement Opportunities
Even in contested divorces, settlement opportunities exist throughout the process. Many contested cases ultimately settle before final judgment, saving time, money, and emotional stress compared to litigating every issue.
Courts encourage settlement and may suggest terms they believe are fair. Your lawyer will advise whether settlement offers are reasonable and in your best interests. While the ultimate decision is yours, experienced counsel helps you evaluate offers realistically.
Sometimes settlement occurs after several hearings, once both parties better understand the likely outcome if the case proceeds to judgment. Other times, settlement happens early when parties realize litigation costs and stress outweigh the disputed issues’ value.
The Final Decision
After all evidence is presented and arguments made, the judge issues a final decision. In contested cases, the judge typically announces that the decision will be issued in writing rather than ruling from the bench. The written decision is prepared within a few weeks and then officially communicated to both parties.
The final decision addresses all issues in dispute: whether divorce is granted, custody arrangements, alimony amounts and duration, property division, and compensation awards. The judge provides legal reasoning for each determination.
Once you receive the written decision, you have 15 days to appeal if you disagree with any part of the ruling. If neither party appeals, the decision becomes final after this appeal period expires.
After the Divorce is Final
Once your divorce becomes final, several administrative and practical steps remain. Obtain your divorce certificate from the court, which you’ll need for various official purposes.
Update your marital status in the population registry. For Turkish citizens, this is done through the local population office. Foreign nationals should update their status with their embassy or consulate.
Implement the divorce terms as ordered by the court. Begin or receive alimony payments according to the schedule, complete property transfers, and establish custody arrangements. If your ex-spouse fails to comply with court orders, enforcement proceedings can compel compliance.
Consider the tax implications of alimony and property division. Consult with a tax advisor to understand how your divorce affects your tax situation.
Special Considerations for International Cases
Divorces involving foreign nationals add complexity to each step. Document authentication through apostille or consular legalization takes additional time before you can even file. Translation of all foreign documents into Turkish is mandatory.
If your spouse lives abroad, international service procedures add months to the timeline. The court must follow international conventions or bilateral agreements governing cross-border service of legal documents.
Questions may arise about which country’s law applies to certain issues, particularly property division or custody if you or your spouse have connections to multiple countries. These jurisdictional questions require specialized legal knowledge.
Recognition of your Turkish divorce in your home country is another consideration. While most countries recognize foreign divorces, some have specific requirements or procedures. Understanding recognition requirements helps you plan accordingly.
Legal Support for Your Divorce Case
Soylu Law provides comprehensive guidance through every step of the divorce process in Istanbul, from initial consultation through final decree.
Our practice specializes in managing complex international cases, expertly handling apostille procedures, document legalization, and cross-border legal requirements.
We work extensively with foreign nationals, bridging language and cultural gaps while ensuring full protection of your rights under Turkish law.
Our team maintains clear communication at every stage, ensuring you understand the process and feel confident moving forward.
For more assistance or consultation on this matter, you can contact us.