How to File for Divorce in Turkey? – Atty. Ozan Soylu

What is a Divorce Case?

A divorce case is an official application to the court to end a marriage union. It is filed based on one of the grounds for divorce regulated between Articles 161-166 of the Turkish Civil Code. This case may include the legal separation of spouses, division of property, custody of children, and issues such as alimony. It is important to note that the decision of divorce can only be given by a judge in the Turkish legal system.

Things to Know Before Filing for Divorce in Turkey

Before filing for divorce in Turkey, it is of great importance to determine which grounds for divorce will be relied upon. This is because a case based on incorrect grounds for divorce may be rejected. Additionally, spouses should decide whether they will divorce by mutual agreement or through a contested divorce. For a divorce by mutual agreement, the marriage must have lasted at least one year. However, if one of the parties does not want to divorce or an agreement cannot be reached on the consequences of the divorce, a contested divorce case is filed.

After the case is filed, the plaintiff’s petition and the court’s preliminary proceedings report are served to the defendant. This date of service is important because the defendant’s response period starts from this date. Also, the collection and presentation of evidence is a critical stage. As stated in a Supreme Court decision, “A divorce case filed by a plaintiff without evidence is rejected by the judge.” Therefore, evidence should be well evaluated before filing the case.

The participation of parties in hearings is also important during the divorce case process. If the plaintiff does not attend the hearings, their case may be dismissed due to lack of follow-up. On the other hand, if the defendant does not attend the hearings, the case continues in their absence, but the defendant cannot object to the proceedings carried out in their absence.

Lastly, spouses who are subjected to violence have the right to request protection when filing a case. In accordance with Law No. 6284 on the Protection of Family and Prevention of Violence Against Women, a restraining order can be requested to prevent the spouse from attacking, insulting, and approaching. This protection is valid not only for women but also for men in the Turkish legal system.

 

Grounds and Types of Divorce in Turkey

In the Turkish Civil Code, grounds for divorce are regulated under two main headings: special and general grounds. Special grounds are listed in Articles 161-165 of the Turkish Civil Code and include adultery, attempt on life, cruel treatment or serious insult, commission of a crime and dishonorable lifestyle, desertion, and mental illness. The general ground is the irretrievable breakdown of the marriage union, regulated in Article 166 of the Turkish Civil Code. In the presence of these grounds, spouses can file for divorce either by mutual agreement or through a contested divorce.

1. Divorce by Mutual Agreement

Divorce by mutual agreement is regulated in Article 166/3 of the Turkish Civil Code and refers to spouses divorcing by mutual agreement. In this type of divorce, it is mandatory that the marriage has lasted at least one year. However, spouses can prepare a divorce by mutual agreement protocol before this period expires. The point to be noted is that the divorce by mutual agreement protocol must be approved by the judge.

In a divorce by mutual agreement, spouses must have agreed on the financial consequences of the divorce and the situation of the children. In addition, a Supreme Court decision stated that “It is not mandatory to include provisions regarding the liquidation of the property regime in the divorce by mutual agreement protocol,” indicating that the liquidation of the property regime can be the subject of a separate case.

2. Contested Divorce

Contested divorce occurs when spouses cannot agree on divorce or cannot agree on the consequences of divorce. In this case, a case is filed based on one of the grounds for divorce listed in the Turkish Civil Code. It should be especially noted that in contested divorce cases, the fault rates of the parties are important and these rates can affect claims such as compensation and alimony.

In contested divorce cases, the irretrievable breakdown of the marriage union is the most frequently cited reason. According to Article 166/1 of the Turkish Civil Code, “If the marriage union has been irretrievably broken down to the extent that the spouses cannot be expected to continue their common life, either spouse may file for divorce.” However, if the plaintiff’s fault is more severe, the defendant has the right to object to the filed case. Nevertheless, according to Article 166/2 of the Turkish Civil Code, if this right of objection is in the nature of abuse of right and if there is no benefit worth protecting for the defendant and children in the continuation of the marriage union, divorce can still be decided.

In contested divorce cases, it is of great importance for the parties to prove their claims. In a Supreme Court decision, it was emphasized that “A case filed by a plaintiff without evidence in a divorce case will be rejected by the judge.” Therefore, evidence should be well evaluated before filing the case and clearly stated in the petition.

Process of Filing a Divorce Case in Turkey

1. Competent and Authorized Court

In divorce cases, the competent court is the family court in accordance with Article 4 of Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts. However, in places where there is no family court, civil courts of first instance hear the case in the capacity of a family court. This arrangement has been made considering the specialized nature of divorce cases.

Regarding the authorized court, Article 168 of the Turkish Civil Code provides a clear regulation. Accordingly, in divorce cases, the authorized court is the court of the place of residence of one of the spouses or the place where they last lived together for at least six months before the case. This jurisdiction rule is not a definitive jurisdiction rule, so if the parties do not object to the jurisdiction, an unauthorized court can also hear the case.

In divorce cases by mutual agreement, a more flexible approach has been adopted regarding the authorized court. Spouses can apply to any family court in Turkey for a divorce case by mutual agreement. This flexibility has been granted to expedite and facilitate the divorce process by mutual agreement.

2. Necessary Documents and Preparations

When filing a divorce case, some documents need to be prepared and submitted to the court. The first and most important document is the petition for divorce addressed to the family court. It is of great importance that this petition is prepared in accordance with the conditions specified in Article 119 of the Code of Civil Procedure. Otherwise, the judge may decide to reject the case.

In addition to the petition, photocopies of the parties’ identity cards, a copy of the marriage certificate if available, and a copy of the population register are among the documents that need to be added to the case file. Also, evidence to prove the reason for divorce should be presented in the annex to the petition.

If the divorce case will be filed through a lawyer, a power of attorney to be given to the lawyer should also be prepared. It is important to state in the power of attorney that there is authority to file a divorce case. In addition, two passport photos will be required for the power of attorney.

If it is requested to have witnesses heard in the divorce case, the names, surnames and addresses of the witnesses should also be stated in the petition. However, it should not be forgotten that according to Article 240 of the Code of Civil Procedure, a definite period of two weeks can be given by the court for submitting the witness list.

Finally, it should not be forgotten that court fees and expenses must be paid when filing the case. These fees consist of application fee, advance fee and expense advance. It is not possible to hear the case without paying the fees, and the judge gives time for completing the missing fees and expenses. If not completed within this period, it may be decided that the case is not filed.

3. Preparation of the Petition

The divorce petition should be prepared in accordance with the conditions specified in Article 119 of the Code of Civil Procedure. The petition should include the name of the court, identity and contact information of the parties and their attorneys if any, the subject of the case, clear summaries of all the facts on which the plaintiff’s claim is based under sequence numbers, which evidence will be used to prove each alleged fact, and legal reasons. Also, the conclusion of the request should be clearly stated. It should be noted that if these elements are missing, the judge has the authority to reject the case.

The reason for divorce relied upon should be clearly stated in the petition. It should be clearly written which of the grounds for divorce regulated between Articles 161-166 of the Turkish Civil Code is relied upon. For example, if a divorce case is filed due to the irretrievable breakdown of the marriage union, it should be stated that it is based on Article 166 of the Turkish Civil Code.

Evidence for each alleged fact should be clearly stated and if possible presented in the annex to the petition. If witness evidence is relied upon, the names, surnames and addresses of the witnesses should also be included in the petition.

4. Application to the Court and Payment of Fees

The prepared divorce petition and its annexes are submitted to the distribution office of the courthouse where the authorized family court is located. The distribution office sends the petition to the relevant family court. However, some fees and expenses must be paid for the case to be filed.

According to the Law on Fees, application fee and advance fee must be paid when filing a divorce case. In addition, according to Article 120 of the Code of Civil Procedure, there is an expense advance that must be paid by the plaintiff when filing the case. This expense advance is taken to cover the expenses required for the trial proceedings to be made.

It should be especially noted that it is not possible to hear the case without paying the fees and expenses. According to Article 150/1 of the Code of Civil Procedure, if the expense advance is not paid, the judge gives the plaintiff a definite period of two weeks. If the expense advance is not paid within this period, it is decided that the case is not filed.

However, there is the possibility of legal aid for people whose financial situation is insufficient. Legal aid, regulated in Article 334 and subsequent articles of the Code of Civil Procedure, allows people who cannot afford litigation expenses to file a case. If the legal aid request is accepted, the person is temporarily exempted from paying litigation expenses.

Finally, it is possible to file a case through the National Judiciary Informatics System (UYAP). By logging into the UYAP Citizen Portal with an e-government password or electronic signature, the prepared petition can be sent electronically and fees can be paid online. This method can provide advantages in terms of time and cost.

 

Stages of a Divorce Case in Turkey

1. Petition Stage

The petition stage, regulated between Articles 126-136 of the Code of Civil Procedure, constitutes the first stage of the divorce case. This stage consists of the petition, response petition, reply to response petition, and second response petition. First, the plaintiff’s petition is served to the defendant. The defendant is obliged to submit the response petition to the court within two weeks from the date of service. However, according to Article 127 of the Code of Civil Procedure, this period can be extended once upon the request of the defendant.

Within two weeks from the service of the response petition to the plaintiff, the plaintiff can submit the reply to response petition; and within two weeks from its service to the defendant, the defendant can submit the second response petition to the court. It should be noted that these periods are peremptory. Petitions not given within the period are not taken into consideration by the court.

2. Preliminary Examination Hearing

After the completion of the petition stage, the preliminary examination stage is entered according to Articles 137-142 of the Code of Civil Procedure. At this stage, the judge decides on the conditions of the case and initial objections, encourages the parties to settle or mediate in cases where the parties can freely dispose of, and gives a definite period of two weeks for the parties to present their evidence or make the necessary explanation for evidence to be brought from elsewhere.

At the preliminary examination hearing, the parties determine the issues of dispute and the judge makes the necessary preparation for the investigation. In a Supreme Court decision, it was ruled that “At the preliminary examination stage, the issues that the parties agree and disagree on should be determined one by one within the framework of their claims and defenses,” emphasizing the importance of this stage.

3. Investigation Stage

The investigation stage, regulated between Articles 143-185 of the Code of Civil Procedure, is the stage where the parties try to prove their claims and defenses. At this stage, witnesses are heard, expert examination is made, and other evidence is examined. In divorce cases, especially witness statements are of great importance. However, according to Article 184/4 of the Turkish Civil Code, the judge freely evaluates the evidence in divorce cases.

During the investigation stage, a social examination report can also be obtained if deemed necessary. These reports are of great importance especially when deciding on the custody of children. In a Supreme Court decision, it was ruled that “The best interest of the child should be considered in custody arrangement and expert opinion should be sought on this matter,” emphasizing the importance of the social examination report.

4. Oral Proceedings and Decision

After the completion of the investigation, the oral proceedings stage is entered according to Article 186 of the Code of Civil Procedure. At this stage, the parties repeat their claims and defenses for the last time and the judge can ask the parties for explanations on matters he deems necessary. After the completion of the oral proceedings, the judge pronounces the short decision.

When giving the divorce decision, decisions are also made on issues such as material and moral compensation according to Article 174 of the Turkish Civil Code, alimony according to Article 175 of the Turkish Civil Code, custody and child support if there are children according to Article 182 of the Turkish Civil Code. Also, according to Article 173 of the Turkish Civil Code, a decision should be made about the personal status that the woman gained with marriage.

After the decision is made, the reasoned decision is written and served to the parties. The parties can appeal within two weeks from the date the decision is served to them. After the appeal examination, an application for cassation can be made to the Supreme Court. However, according to Article 184/5 of the Turkish Civil Code, the marriage union ends with the finalization of the divorce decision.

 

Things to Pay Attention to During the Divorce Case in Turkey

During the divorce case process, parties need to pay special attention to some issues. First of all, according to Article 166/III of the Turkish Civil Code, in a divorce case by mutual agreement, it is mandatory for the parties to be present in court in person. The judge should be convinced that their wills are freely expressed by hearing the parties in person. Therefore, participation in the hearing is of great importance in divorce cases by mutual agreement.

In contested divorce cases, the plaintiff needs to attend the hearings or be represented by a proxy. According to Article 150/1 of the Code of Civil Procedure, if the plaintiff who has been duly summoned does not come to the hearing and does not have a proxy, they cannot object to the proceedings made in their absence upon the request of the defendant, nor can they present evidence except for the exceptions specified in the law. Also, according to Article 150/4 of the Code of Civil Procedure, it is decided to remove the file from the proceedings.

The collection and presentation of evidence during the divorce case process is also of great importance. Therefore, parties should submit all evidence that will prove their claims to the court in a timely and proper manner.

Also, according to Article 169 of the Turkish Civil Code, when a divorce case is filed, the judge takes the necessary temporary measures ex officio during the continuation of the case, especially regarding the accommodation, livelihood of the spouses, management of the spouses’ property, and care and protection of children. Therefore, parties should notify the court of their requests for temporary measures.

 

The Importance of Hiring a Lawyer in a Divorce Case in Turkey

Although hiring a lawyer in divorce cases is not a legal obligation, it is of great importance in many aspects. First of all, according to Article 35 of the Attorneys Law No. 1136, attorneys have the authority to give opinions on legal matters, to claim and defend the rights of real and legal persons before courts, arbitrators or other bodies with judicial power.

Divorce cases may involve complex legal processes and important decisions that may affect the rights of the parties are made. The legal knowledge and experience of a lawyer ensure that the case is managed correctly and the client’s rights are protected. For example, the support of a lawyer is of great importance in matters such as preparing the petition, collecting and presenting evidence, and putting forward the right arguments in hearings.

Also, the expertise of the lawyer in issues such as property division, alimony, custody, which are frequently encountered in divorce cases, ensures the protection of the client’s rights. In a Supreme Court decision, it was ruled that “The liquidation of the property regime is a matter that requires technical knowledge, and it is recommended that the parties seek help from a legal expert on this matter,” emphasizing the importance of lawyer support.

Besides, lawyers help their clients make more objective and rational decisions by keeping them away from the emotional process. This ensures a healthier conduct of the case. Also, according to Article 74 of the Code of Civil Procedure, anyone who has the capacity to sue can file and follow their case themselves or through an appointed proxy. If a lawyer is hired, the obligation of the parties to personally attend the hearings is removed, which provides convenience in terms of business life.

In conclusion, hiring a lawyer in divorce cases is of great importance in terms of managing the legal process correctly, protecting rights, and reaching a fair result. However, it should not be forgotten that there is also the possibility of legal aid regulated in Article 334 and subsequent articles of the Code of Civil Procedure for people who do not have the opportunity to hire a lawyer.

 

Duration and Cost of a Divorce Case in Turkey

The duration of a divorce case varies depending on the type and characteristics of the case. Divorce cases by mutual agreement filed according to Article 166/III of the Turkish Civil Code are usually concluded in a single session and can be completed within 1-2 months on average. However, contested divorce cases may take longer. Although the principle of procedural economy regulated in Article 30 of the Code of Civil Procedure aims to conclude the trial within a reasonable time and at low cost, in practice, contested divorce cases can last between 1-3 years.

Regarding the cost of the case, according to the Law on Fees No. 492, application fee and advance fee are paid when filing a divorce case. Also, expense advance must be paid according to Article 120 of the Code of Civil Procedure. In addition, attorney’s fee is also included in the cost. The fee determined according to the Minimum Attorney Fee Tariff varies depending on the type and duration of the case.

It should be noted that there is the possibility of legal aid regulated in Article 334 and subsequent articles of the Code of Civil Procedure for people whose financial situation is insufficient. If the legal aid request is accepted, the person is temporarily exempted from paying litigation expenses.

Finalization of the Divorce Decision and Its Consequences

The finalization of the divorce decision occurs with the expiration of the appeal periods regulated in Article 341 and subsequent articles of the Code of Civil Procedure or if no appeal is made. The parties can appeal within two weeks from the date the decision is served to them. After the appeal examination, an application for cassation can be made to the Supreme Court under certain conditions.

 

With the finalization of the divorce decision, the marriage union ends according to Article 181 of the Turkish Civil Code. The consequences of this situation are as follows:

1. The marriage union between the spouses ends and the parties gain the right to remarry.

2. According to Article 173 of the Turkish Civil Code, the woman takes back her surname before marriage. However, if it is proven that she has an interest in using her ex-husband’s surname and this will not cause any harm to the husband, the judge may allow her to keep her husband’s surname upon her request.

3. According to Article 176 of the Turkish Civil Code, the alimony obligation begins. Material compensation and alimony can be paid in lump sum or in the form of annuity according to the circumstances of the situation.

4. If there are children, custody arrangement is made and child support is determined according to Article 182 of the Turkish Civil Code.

5. The liquidation of the property regime is carried out according to Article 225 and subsequent articles of the Turkish Civil Code.

6. According to Article 181/II of the Turkish Civil Code, divorced spouses cannot be each other’s legal heirs in this capacity and they lose the rights provided to them by dispositions upon death made before the divorce, unless otherwise understood from the disposition.

Finally, it should not be forgotten that after the finalization of the divorce decision, it needs to be reported to the relevant civil registry office for registration in the population register.

 

Frequently Asked Questions

1. Is it necessary for the marriage to have lasted for a certain period to file for divorce?

There is no requirement for the marriage to have lasted for a certain period to file a contested divorce case. However, according to Article 166/III of the Turkish Civil Code, for a divorce case by mutual agreement to be filed, the marriage must have lasted at least one year. This condition has been introduced to protect the marriage.

2. Can I move to a separate house during the divorce case?

Yes, you can move to a separate house during the divorce case. However, according to Article 164 of the Turkish Civil Code, if one of the spouses abandons the common life, the other should demand through a notary public or by court order that the spouse return within two months before filing for divorce. A divorce case can be filed against the spouse who does not return within this period on the grounds of abandonment.

3. Can I request alimony during the divorce case?

Yes, according to Article 169 of the Turkish Civil Code, when a divorce case is filed, the judge takes the necessary temporary measures ex officio during the continuation of the case, especially regarding the livelihood of the spouses. In this context, temporary alimony can be ordered. Also, with the divorce decision, alimony can be decided according to Article 175 of the Turkish Civil Code.

4. Who will have custody of my child during the divorce case?

According to Article 169 of the Turkish Civil Code, during the divorce case, the judge takes temporary measures ex officio regarding the care and protection of children. In this context, temporary custody arrangement can be made. The final custody arrangement is made with the divorce decision according to Article 182 of the Turkish Civil Code. In a Supreme Court decision, it was ruled that “The best interest of the child should be considered in custody arrangement and expert opinion should be sought on this matter,” emphasizing the points to be considered in custody arrangement.

5. How is property division done during the divorce case?

Property division usually becomes the subject of a separate case after the finalization of the divorce decision. However, if the parties agree, property division can also be done during the divorce case. According to Article 225 and subsequent articles of the Turkish Civil Code, the property acquired during the marriage union is liquidated according to the legal property regime, which is the regime of participation in acquired property.

6. Can I withdraw after filing for divorce?

According to Article 123 of the Code of Civil Procedure, the plaintiff cannot withdraw their case without the explicit consent of the defendant. However, they can waive their case. Waiver has the same legal consequence as a final judgment and the plaintiff cannot file the same case again.

7. Is a divorce decision obtained abroad valid in Turkey?

For a divorce decision obtained abroad to be valid in Turkey, a recognition and enforcement case must be filed according to Articles 50-59 of the International Private and Procedural Law No. 5718. If it is decided to recognize the foreign court decision as a result of this case, the decision also has effect and consequence in Turkey.

8. Is reconciliation or mediation possible in a divorce case?

According to Article 1/2 of the Law on Mediation in Civil Disputes No. 6325, disputes arising from family law are not suitable for mediation. However, according to Article 137/1 of the Code of Civil Procedure, the judge encourages the parties to settle at the preliminary examination hearing. If the parties settle, the provisions of divorce by mutual agreement can be applied within the scope of Article 166/III of the Turkish Civil Code.

Conclusion

A divorce case is an important legal process that ends the marriage union. This case, filed based on one of the grounds for divorce regulated between Articles 161-166 of the Turkish Civil Code, directly affects the legal status of the spouses, their financial situation, and the future of the children. Therefore, it is of great importance for the parties to know their rights and obligations well and manage the legal process correctly from the filing of the divorce case to the finalization of the decision.

Before filing for divorce, it is necessary to evaluate well which grounds for divorce will be relied upon and whether to divorce by mutual agreement or through a contested divorce. Divorce by mutual agreement can be concluded faster according to Article 166/III of the Turkish Civil Code and can minimize disputes between the parties. However, in cases where agreement cannot be reached, filing a contested divorce case is inevitable.

During the case process, care should be taken to issues such as collecting and presenting evidence, attending hearings, and notifying requests for temporary measures.

Hiring a lawyer in divorce cases is of great importance in terms of managing the legal process correctly and protecting rights. Especially in complex issues such as property division, alimony, custody, the expertise of the lawyer ensures the protection of the client’s rights.

With the finalization of the divorce decision, the marriage union ends according to Article 181 of the Turkish Civil Code and a new legal situation arises for the parties. The consequences of this situation affect many areas such as surname usage, alimony obligation, custody arrangement, liquidation of property regime, and inheritance rights.

In conclusion, a divorce case can be a challenging process legally and emotionally. However, the parties acting with knowledge of their rights, getting expert help when necessary, and managing the process in accordance with the laws will ensure a fair and equitable result. It should not be forgotten that the divorce decision is the beginning of a new life for the parties and children if any, and overcoming this process with minimal damage is of great importance for their future lives.

 

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