Filing for Divorce in Turkey *2025: Requirements & Process
Ending a marriage is never easy, and navigating the legal process can be particularly challenging when you’re unfamiliar with the system. In Turkey, divorce proceedings follow specific procedures governed by the Turkish Civil Code. Whether you’re a Turkish citizen or an expatriate living in Turkey, understanding how divorce works in this country is essential if you’re considering ending your marriage.
Turkey recognizes divorce as a legal right, allowing couples to dissolve their marriage through proper legal channels. In recent years, Turkey has seen a gradual increase in divorce rates, particularly in urban areas, reflecting changing social dynamics and greater awareness of individual rights.
But how exactly does one go about filing for divorce in Turkey? What are the requirements, and what should you expect? This comprehensive guide will walk you through everything you need to know about the divorce process in Turkey, from filing your petition to finalizing your divorce.
Types of Divorce in Turkey
Before diving into the specifics, it’s important to understand that Turkish law recognizes two primary types of divorce. The path you choose will significantly impact how long your divorce takes, how much it costs, and how stressful the process will be.
Contested Divorce
A contested divorce occurs when spouses cannot agree on the terms of their separation or when one spouse does not want to divorce. This is what most people think of when they imagine a divorce – arguments over assets, custody battles, and lengthy court proceedings.
In Turkey, contested divorces must be based on one of the legally recognized grounds for divorce:
- Adultery: When one spouse has been unfaithful
- Life-threatening behavior, severe mistreatment, or humiliating conduct
- Criminal activity or dishonorable lifestyle
- Abandonment for at least six months without justification
- Mental illness that makes continuing the marriage unbearable
- Irretrievable breakdown of the marriage
The last ground – irretrievable breakdown – is the most commonly cited and broadly interpreted. It essentially means that the marriage has deteriorated to the point where the couple cannot reasonably be expected to stay together.
Attention! If you’re filing for divorce based on adultery, you must do so within six months of discovering the infidelity and no later than five years after the act occurred. Missing these deadlines could affect your ability to use adultery as grounds for divorce.
Contested divorces tend to be longer, more expensive, and emotionally draining. They typically take between 1-2 years to resolve, and even longer if appeals are involved.
Uncontested (Mutual) Divorce
An uncontested divorce, also known as a mutual divorce, happens when both spouses agree to end their marriage and can reach an agreement on all major issues, including:
- Division of property and debts
- Child custody and visitation arrangements
- Child support
- Spousal support (alimony)
For an uncontested divorce to proceed in Turkey:
- The marriage must have lasted at least one year
- Both spouses must personally appear before the judge
- The judge must be convinced that both parties have freely consented to the terms
The main advantage of an uncontested divorce is efficiency. These cases can be resolved in as little as one month, making them the preferred option for couples who want to move on quickly and amicably.
The cornerstone of an uncontested divorce is the divorce protocol – a written agreement detailing all the terms of your divorce. This document must be prepared carefully, as it will become legally binding once approved by the court.
The Legal Process of Filing for Divorce
Now that you understand the types of divorce available in Turkey, let’s look at where and how to file your case.
Competent Courts
All divorce cases in Turkey are handled by Family Courts (Aile Mahkemesi). These specialized courts deal exclusively with family law matters and have judges trained in handling sensitive domestic issues.
In areas where no Family Court exists, the Civil Court of First Instance (Asliye Hukuk Mahkemesi) will handle divorce cases, acting in the capacity of a Family Court.
Jurisdiction Rules
Not just any Family Court can handle your divorce case. According to Turkish law, you must file your petition with the court that has jurisdiction over your case, which would be either:
- The court in the location where the couple has resided together for the past six months, or
- The court in the residential area of either spouse
This gives you some flexibility in choosing where to file, which can be strategically important in some cases. For example, if you’ve moved to a different city after separation, you may be able to file in your new location rather than traveling back to where you lived with your spouse.
Required Documents for Filing Divorce
Before heading to court, you’ll need to gather several documents to support your divorce petition.
Common Documents for All Divorces
Whether you’re pursuing a contested or uncontested divorce, you’ll need:
| Document Type | Description |
|---|---|
| Identity documents | Official ID cards (kimlik) for both spouses |
| Marriage certificate | A copy of the official marriage certificate |
| Population registry record | Population registration extract (nüfus kayıt örneği) |
| Marriage booklet | Copy of the marriage booklet (evlilik cüzdanı) |
| Divorce petition | The formal written request for divorce |
Additional Documents for Contested Divorce
If you’re filing a contested divorce, you’ll also need:
| Required Evidence for Contested Divorce | Description |
|---|---|
| Evidence supporting your grounds for divorce | Police reports, medical records, witness statements, photographs, text messages, emails, phone records, etc. |
| Witness information | Full names, Turkish ID numbers (T.C. kimlik numarası), current addresses, and contact information |
| Supporting documentation | Any other relevant documents that support your claims, such as financial records, property deeds, threatening communications, etc. |
Additional Documents for Uncontested Divorce
For an uncontested divorce, you’ll need to add:
- A signed divorce protocol agreed upon by both parties
Remember, proper documentation is crucial. Missing or incomplete documents can delay your case or even result in its dismissal. When in doubt, consult with an attorney to ensure you have everything you need.
Steps to File for Divorce in Turkey
Preparing the Divorce Petition
The divorce process begins with a petition (dilekçe) submitted to the appropriate court. This document must contain specific elements to be valid:
| Required Element | Description |
|---|---|
| The court’s name | Name of the Family Court where you’re filing |
| Names, surnames, and addresses | Complete contact information for both spouses |
| The plaintiff’s Turkish ID number | Your TC Kimlik number |
| Legal representatives | Names and addresses of attorneys (if applicable) |
| The subject of the lawsuit | Clearly state that this is a divorce petition |
| Summary of facts | Clear explanation of the events supporting divorce |
| Evidence | List of all evidence proving each claim |
| Legal grounds | The specific legal basis for your divorce request |
| Statement of request | Precisely what you want the court to grant |
| Signature | Of the plaintiff or their attorney |
For contested divorces, the petition should clearly state the grounds for divorce and provide detailed descriptions of the events that led to the breakdown of the marriage. Be specific and factual rather than emotional or accusatory.
For uncontested divorces, the petition can be simpler but must still meet all legal requirements and be accompanied by your divorce protocol.
Pro tip: While it’s not mandatory to hire an attorney, having professional help with drafting your petition can prevent costly mistakes. Poorly drafted petitions may be rejected or could weaken your position in the case.
Filing the Petition with the Court
Once your petition is ready, you’ll need to:
- Submit it to the court’s filing office (tevzi bürosu)
- Pay the required court fees
- Pay a filing advance to cover potential expenses (like experts, notifications, etc.)
After filing, the court will assign a case number and schedule an initial hearing date. The petition will then be served to your spouse, who will have two weeks to respond with their own petition.
Court fees for divorce cases in Turkey are relatively modest compared to many Western countries, but they increase annually. As of 2025, you should budget for:
- Basic court filing fee
- Service/notification fees
- Advance payment for potential expenses
If financial resources are limited, you can apply for legal aid (adli yardım), which may cover court costs and attorney fees if you qualify.
The Divorce Trial Process
Uncontested Divorce Proceedings
The process for an uncontested divorce is straightforward:
- After filing the petition and divorce protocol, the court sets a hearing date
- Both spouses must attend this hearing
- The judge will question both parties to ensure they freely consent to the divorce and understand the terms
- The judge reviews the protocol to ensure it protects the interests of any children and is otherwise fair and reasonable
- If satisfied, the judge will grant the divorce in that same hearing
The entire process typically takes about 30-45 days from filing to completion, assuming no issues arise.
Important note: If either spouse fails to attend the hearing, the uncontested divorce cannot proceed. If the plaintiff (the spouse who filed) doesn’t attend, the case will be dropped. If the defendant doesn’t attend, the plaintiff can either withdraw the case or convert it to a contested divorce.
Contested Divorce Proceedings
Contested divorces follow a more complex, multi-stage process:
1. Exchange of Petitions Phase
- The plaintiff files the initial petition
- The court serves the petition to the defendant
- The defendant has two weeks to respond
- The plaintiff may file a rebuttal
- The defendant may file a rejoinder
This exchange of written arguments establishes the scope of the case and the claims of each party.
2. Preliminary Examination
After all petitions have been filed, the court will:
- Check for any jurisdictional issues or procedural defects
- Issue temporary orders if needed (for child custody, support, etc.)
- Attempt to reconcile the parties or encourage mediation
- Identify the disputed issues that need to be resolved
3. Evidence Collection and Witness Testimony
This is the heart of the divorce trial, where:
- Documentary evidence is submitted and examined
- Witnesses are called to testify
- Expert opinions may be sought (for property valuation, psychological assessments, etc.)
- The court may conduct investigations as needed
4. Oral Proceedings
Once all evidence is collected:
- A hearing is held for final oral arguments
- Both parties present their final positions
- The court makes its decision
The entire contested divorce process typically takes 1-2 years to complete at the trial court level, with additional time if appeals are filed.
Legal Consequences of Divorce
Divorce has several important legal consequences that will affect your life going forward.
Child Custody and Visitation Rights
Turkish courts prioritize the best interests of the child when making custody decisions. Some key points to understand:
- Turkey typically grants physical custody to one parent (often the mother, especially for younger children)
- The non-custodial parent is granted visitation rights
- Both parents typically retain legal custody (decision-making authority)
- The court can adjust arrangements based on changing circumstances
Child custody arrangements in Turkey tend to follow certain patterns, but the court has significant discretion based on the specific circumstances of each case.
| Age of Child | Typical Custody Arrangement |
|---|---|
| Infants/toddlers | Usually with mother with frequent but shorter visits with father |
| School-age | Usually with one parent (often mother) with weekend visitation for the other parent |
| Teenagers | Court may give more weight to child’s preference |
Alimony and Maintenance
Turkish law provides for several types of financial support:
- Temporary alimony: Paid during the divorce proceedings
- Permanent alimony: Ongoing support after divorce (typically when one spouse would face financial hardship)
- Child support: Financial support for children until they reach adulthood or complete their education
Alimony is not automatic and must be requested. The court considers factors such as:
- Marriage duration
- Standard of living during marriage
- Age and health of the spouses
- Financial resources and earning capacity
- Contributions to the marriage (including non-financial)
Note: Permanent alimony ends if the recipient remarries, lives with another partner as if married, or if either party dies.
Division of Marital Property
Turkey follows a separation of property regime by default, meaning that assets acquired by each spouse remain their separate property unless the couple opted for a different regime when marrying.
For marriages after 2002 (when the new Civil Code took effect):
- Assets acquired before marriage remain separate property
- Assets acquired during marriage remain the property of the spouse who acquired them
- Jointly acquired assets are divided according to ownership shares
However, many couples now choose the regime of participation in acquired property when marrying, which provides for a more equitable division of assets acquired during the marriage.
Finalization of Divorce
Court Decision
At the conclusion of the trial, the judge will issue a verdict. The divorce decree will address:
- The dissolution of the marriage
- Child custody and visitation arrangements
- Child support obligations
- Alimony (if awarded)
- Division of property (if applicable)
The written decision with full reasoning is typically prepared within a few weeks of the verbal announcement and served to both parties.
Appeals Process
If you disagree with the court’s decision, you can appeal to the Regional Court of Appeal (İstinaf Mahkemesi) within two weeks of receiving the written decision.
If still unsatisfied after the regional appeal, you may further appeal to the Supreme Court (Yargıtay) within two weeks of the regional court’s decision.
The appeals process can add significant time to your divorce – potentially 1-2 additional years.
When the Divorce Becomes Final
A divorce becomes legally final when:
- The appeal period expires without an appeal being filed, or
- All appeals have been exhausted and a final decision rendered
Once final, the divorce must be registered with the population registry (nüfus müdürlüğü) to update your official marital status.
Only after the divorce is finalized can you:
- Legally remarry
- Fully implement property divisions
- Consider the marriage legally terminated
Special Situations in Turkish Divorce Law
International Divorces
If your marriage has international elements (different nationalities, marriage abroad, etc.), additional considerations apply:
- Jurisdiction: Turkish courts generally have jurisdiction if at least one spouse is a Turkish citizen or if both reside in Turkey
- Recognition: Foreign divorces are generally recognized in Turkey after a recognition process
- Applicable law: Turkish courts typically apply Turkish law to divorces they hear, regardless of where the marriage took place
International divorces often benefit from specialized legal counsel familiar with private international law.
Fast-Track Divorce Options
If you need to finalize your divorce quickly, your best option is an uncontested divorce with a comprehensive protocol. There are no special “fast-track” procedures beyond this in Turkish law.
Remember that even for uncontested divorces, the marriage must have lasted at least one year. If your marriage is newer than that, you’ll need to proceed with a contested divorce even if you both agree to the separation.
E-Divorce Filing
Turkey has been modernizing its judicial system, and it is now possible to file divorce papers electronically through the National Judiciary Informatics System (UYAP).
To file electronically, you’ll need:
- An e-signature or mobile signature
- Your petition prepared in UYAP Document Editor format
- The ability to pay court fees through a VakıfBank account
E-filing can save time and eliminate the need to physically visit the courthouse for the initial filing.
Role of Lawyers in Divorce Cases
When Legal Representation is Advisable
While hiring an attorney is not mandatory for divorce in Turkey, it is strongly recommended, especially in:
- Contested divorces with significant disputes
- Cases involving substantial assets
- Situations with international elements
- Cases involving business ownership
- Complex custody situations
A good attorney can:
- Ensure your petition meets all legal requirements
- Help gather and present evidence effectively
- Negotiate favorable settlements
- Navigate procedural complexities
- Protect your rights throughout the process
Finding a Divorce Lawyer in Turkey
To find a qualified divorce attorney:
- Seek recommendations from trusted sources
- Look for attorneys who specialize in family law
- Consider language abilities if you’re not fluent in Turkish
- Schedule consultations to assess their approach and experience
- Discuss fee structures upfront
Attorney fees vary widely based on experience and location. Most Turkish divorce attorneys charge either:
- A fixed fee for the entire case (more common for uncontested divorces)
- An hourly rate plus expenses (more common for complex contested divorces)
Frequently Asked Questions
Common Concerns About Turkish Divorce
How long does a divorce take in Turkey?
Uncontested divorces typically take 2-3 months. Contested divorces usually take 1-2 years at the trial level, with appeals potentially adding another 1-2 years.
How much does it cost to divorce in Turkey?
Court fees are relatively modest (a few hundred liras), but attorney fees vary widely. An uncontested divorce with legal representation might cost between 80,000 – 100,000 TL (approximately $2,080 – $2,600 or €1,820 – €2,280), while a complex contested divorce could cost 100,000 – 150,000 TL (approximately $2,600 – $3,900 or €2,280 – €3,420) or more.
Can foreigners divorce in Turkey?
Yes, foreigners can divorce in Turkey if they reside there or if one spouse is Turkish. The same procedures apply, though additional documentation (such as translated and apostilled marriage certificates) may be required.
Can I get divorced without my spouse’s consent?
Yes, Turkey allows for divorce without mutual consent through contested divorce procedures, provided you can prove one of the legal grounds for divorce.
What rights do foreign spouses have?
Foreign spouses have essentially the same rights as Turkish citizens in divorce proceedings, including rights to property division, alimony, and child custody. However, residence permit issues may arise after divorce for non-citizens.
Conclusion
Divorcing in Turkey follows a clear legal framework that balances the protection of individual rights with the interests of children and family stability. Understanding the process and your options can help you navigate this difficult life transition more smoothly.
If possible, seeking an amicable resolution through uncontested divorce will save time, money, and emotional stress. However, when that’s not possible, the Turkish legal system provides comprehensive protections through the contested divorce process.
Regardless of which path you take, professional legal guidance is invaluable in ensuring your rights are protected and that the outcome fairly reflects your contributions to the marriage and your needs going forward.
About Soylu Law Office
Soylu Law Office provides comprehensive legal services for divorce and family law matters in Turkey. Based in Istanbul, our multilingual team specializes in handling cases with international elements, including foreign marriage dissolutions and cross-border custody arrangements.
We offer personalized guidance through every step of the divorce process, from initial consultation to final decree. Our attorneys have particular expertise in apostille procedures and documentation requirements for international clients.
At Soylu Law Office, we understand that divorce is both a legal and emotional challenge. We strive to provide clear communication and practical solutions while protecting our clients’ rights and interests throughout this difficult transition.
For a confidential consultation about your divorce case, please contact our Istanbul office.
How to File for Divorce in Turkey?
