The Complete Process of Filing for Divorce in Turkey *2025

Introduction to Divorce in Turkey

Divorce in Turkey is governed by the Turkish Civil Code (Türk Medeni Kanunu) and represents one of the legal ways to end a marriage. The Turkish legal system recognizes divorce as a formal dissolution of marriage that can be initiated by either spouse.

The legal framework for divorce in Turkey is primarily found in Articles 161-166 of the Turkish Civil Code, which outlines both specific and general grounds for divorce. Understanding these provisions is essential for anyone considering divorce proceedings in Turkey.

In the Turkish legal system, there are two main types of divorce proceedings: contested divorce (çekişmeli boşanma) and uncontested divorce (anlaşmalı boşanma). Each has its own requirements, procedures, and timelines.

Types of Divorce Proceedings

Contested Divorce (Çekişmeli Boşanma)

A contested divorce occurs when spouses cannot reach an agreement on one or more aspects of their separation. This might include disagreements about grounds for divorce, child custody, alimony, property division, or other matters.

In contested divorces, the burden of proof lies with the plaintiff, who must demonstrate that the defendant spouse has engaged in behavior that justifies the dissolution of marriage. The court will evaluate evidence and testimony to determine fault and make decisions on all disputed matters.

Contested divorces typically require multiple court hearings and can take anywhere from 1-2 years at the court of first instance, with the full process potentially extending to 4-5 years when considering appeals.

Uncontested Divorce (Anlaşmalı Boşanma)

Uncontested divorce represents a mutual decision by both spouses to end their marriage. This approach is regulated under Article 166/3 of the Turkish Civil Code and requires that both parties agree not only to the divorce itself but also to its consequences.

For an uncontested divorce to proceed, the marriage must have lasted at least one year. This waiting period is a statutory requirement that cannot be waived.

The cornerstone of an uncontested divorce is the divorce protocol (anlaşmalı boşanma protokolü), a written agreement that addresses all aspects of the divorce, including:

• Child custody arrangements
• Visitation rights
• Alimony and child support
• Division of marital property
• Any other relevant matters

Uncontested divorces are significantly faster and less expensive than contested ones, often concluding within 30-90 days and typically requiring only a single court hearing.

Contested vs. Uncontested Divorce in Turkey: A Comparison

Contested Divorce (Çekişmeli Boşanma)	Uncontested Divorce (Anlaşmalı Boşanma)
Requires specific legal grounds for divorce	Based on mutual agreement between spouses
Marriage duration requirement: None	Marriage must have lasted at least one year
Multiple court hearings required	Usually resolved in a single court session
Duration: 1-5 years (including appeals)	Duration: 1-3 months on average
Higher legal fees and court costs	Lower overall costs
Court determines custody, alimony, and property division	Spouses determine terms through divorce protocol
Both parties need not appear in court (can be represented)	Both spouses must personally appear before the judge
Judge determines fault and assigns responsibility	No determination of fault required
Evidence must be gathered and presented	Minimal evidence requirements
Appeals are common	Appeals are rare
Psychological strain is typically higher	Less emotional and psychological burden
Higher risk of permanent rights loss if handled incorrectly	More predictable outcomes
Court may appoint experts for property valuation or custody assessment	Court reviews protocol to ensure it protects interests of both parties and children
Witness testimony often needed	Witness testimony rarely required
Multiple legal document exchanges (petitions, responses)	Primarily requires divorce petition and protocol

Legal Grounds for Divorce in Turkey

Specific Grounds for Divorce

The Turkish Civil Code outlines several specific grounds that can serve as the basis for a divorce petition:

• Adultery: Article 161 allows a spouse to file for divorce if the other has committed adultery. There is no time limitation for filing if the injured spouse learns of the adultery and chooses to forgive the adulterous spouse.
• Life-threatening behavior, cruelty, or humiliating treatment: Under Article 162, if one spouse attempts to kill the other, inflicts severe physical or psychological abuse, or subjects them to deeply humiliating treatment, this constitutes grounds for divorce.
• Criminal activity or dishonorable lifestyle: Article 163 permits divorce if one spouse commits a crime or leads a dishonorable life, making continued marriage unbearable for the other spouse.
• Abandonment: According to Article 164, if one spouse abandons the marital home for at least six months without just cause or refuses to return despite court orders, the other spouse may file for divorce.
• Mental illness: Article 165 allows for divorce if one spouse suffers from a mental illness that makes continuing the marriage intolerable and medical reports confirm that recovery is unlikely.

General Grounds for Divorce

Beyond the specific grounds, Turkish law recognizes a more general basis for divorce:

• Irretrievable breakdown of marriage: Article 166 permits divorce when the marriage has broken down to such an extent that the spouses cannot be expected to continue their union. This is often referred to as “severe disagreement” (şiddetli geçimsizlik) and serves as a catch-all provision that can encompass many situations not explicitly covered by the specific grounds.

When filing under this general provision, the plaintiff must demonstrate that the marital relationship has deteriorated irreparably and that continuing the marriage would be unreasonable. Courts have interpreted this provision broadly, allowing for divorce in cases ranging from incompatibility to more serious issues that don’t quite rise to the level of the specific grounds.

The Divorce Application Process

Jurisdiction and Venue

Divorce cases in Turkey fall under the jurisdiction of Family Courts (Aile Mahkemeleri). In locations where specialized Family Courts don’t exist, Civil Courts of First Instance (Asliye Hukuk Mahkemeleri) handle these cases with the authority of Family Courts.

For contested divorces, the court with proper venue (yetkili mahkeme) is either:

• The court in the defendant’s place of residence
• The court in the plaintiff’s place of residence
• The court where the spouses have lived together for at least six months before filing

For uncontested divorces, parties have more flexibility and can file their petition at any Family Court in Turkey, regardless of their residence.

Required Documents and Preparation

To file for divorce in Turkey, the following documents are typically required:

• Divorce petition clearly stating the grounds for divorce and specific requests
• Copies of identification cards or passports for both parties
• Marriage certificate or family record book
• For uncontested divorces, a signed divorce protocol
• Any evidence supporting the grounds for divorce (for contested cases)
• Power of attorney if represented by a lawyer

For contested divorces, gathering and organizing evidence is crucial. This may include:

• Witness statements
• Police reports
• Medical records
• Financial documents
• Communication records
• Social media content
• Other relevant evidence

Essential Documents for Divorce in Turkey

Contested Divorce Documents	Uncontested Divorce Documents
Divorce petition with specific legal grounds	Joint divorce petition or accepted petition
Identity cards/passports of both parties	Identity cards/passports of both parties
Marriage certificate or family record book	Marriage certificate or family record book
Evidence supporting divorce grounds (messages, photos, witness statements)	Signed divorce protocol by both parties
Financial documents for alimony/compensation claims	Financial statements for alimony arrangements
Property ownership documents	Property division agreement
Child’s documents (if applicable)	Child custody and visitation agreement details

Step-by-Step Divorce Procedure in Turkey

Filing the Divorce Petition

The divorce process begins when one or both spouses submit a properly prepared divorce petition to the competent court. This petition must include:

• Identifying information for both parties
• The legal grounds for the divorce request
• Specific demands regarding child custody, alimony, property division, etc.
• List of evidence to be presented (for contested divorces)

Upon filing, court fees and expenses must be paid. These include an application fee, proportional fee (for property division claims), and an advance payment for expenses like notification costs, witness fees, and potential expert examination costs.

After the petition is filed, the court will issue a document called a “tensip zaptı” (preliminary examination report), which outlines the initial procedural steps, response deadlines, and schedules the first hearing.

Court Proceedings

The divorce proceedings in Turkish courts typically follow these phases:

1. Preliminary examination phase: The court reviews the petition and response, addresses any preliminary objections, and attempts to identify the disputed issues.
2. Investigation phase (tahkikat): During this stage, the court collects evidence, hears witness testimony, and examines documents. For child custody matters, the court may order a social and economic status report (SED raporu) to evaluate the home environments of both parents.
3. Oral proceedings: After evidence collection is complete, parties make their final arguments.
4. Judgment phase: The court announces its decision, either granting or denying the divorce and ruling on related matters like custody, support, and property division.

In uncontested divorces, the judge must personally interview both spouses to ensure they freely consent to the terms of the divorce protocol. The judge has the authority to request modifications to the protocol if they believe it doesn’t adequately protect the interests of a spouse or the children.

Court Decision and Aftermath

Once the court reaches a decision, it issues a short decision followed by a detailed reasoned decision within 30 days. The reasoned decision must be formally served to both parties.

After receiving the reasoned decision, parties have two weeks to file an appeal (istinaf) with the Regional Courts of Justice. If no appeal is filed, the divorce becomes final. If appealed, further appeals to the Court of Cassation (Yargıtay) may follow, extending the process.

Once the divorce becomes final, the parties must register the divorce with the civil registry office to update their marital status in official records.

Legal Consequences of Divorce

Child Custody and Visitation

In divorce proceedings, the court prioritizes the best interests of the child when making custody determinations. Turkish family law typically awards custody to one parent, although the concept of joint custody (ortak velayet) is gaining recognition in some cases.

The court considers numerous factors when determining custody, including:

• The child’s age and gender
• The psychological bond between the child and each parent
• Each parent’s ability to provide care and education
• The stability of each parent’s living arrangements
• The wishes of the child, particularly for older children

The non-custodial parent is granted visitation rights (kişisel ilişki), which the court specifies in terms of frequency, duration, and conditions. These arrangements can include weekends, holidays, and vacation periods.

Alimony and Financial Support

Turkish divorce law recognizes several types of financial support:

• Temporary maintenance (tedbir nafakası): Financial support paid during the divorce proceedings
• Child support (iştirak nafakası): Ongoing support paid by the non-custodial parent for the children’s needs
• Poverty alimony (yoksulluk nafakası): Support paid to a spouse who will face financial hardship after divorce

The amount of alimony is determined based on factors such as:

• The financial capacity of the paying spouse
• The needs of the receiving spouse or children
• The standard of living during the marriage
• The fault and relative culpability of the spouses

Child support continues until the child reaches adulthood or completes higher education. Poverty alimony continues indefinitely unless the receiving spouse remarries or lives with another person in a marriage-like relationship.

Property Division

Turkey follows a statutory matrimonial property regime called “participation in acquired property” (edinilmiş mallara katılma rejimi) for marriages after January 1, 2002. Under this regime:

• Property acquired during marriage is subject to equal division upon divorce
• Property owned before marriage or received as gifts/inheritance remains separate property
• Spouses can choose a different property regime through a written agreement

The division of property may involve:

• Real estate
• Vehicles
• Bank accounts and investments
• Pension and retirement benefits
• Business interests
• Personal belongings

For marriages that occurred before 2002, the separation of property regime applies unless the spouses opted for the new regime.

Practical Considerations

Working with a Divorce Attorney

While not legally required, representation by a divorce attorney (boşanma avukatı) is highly recommended due to the complexity of divorce proceedings and the significant long-term consequences involved.

A specialized divorce attorney can:

• Provide expert guidance on legal rights and obligations
• Help gather and present evidence effectively
• Negotiate favorable terms in uncontested divorces
• Represent clients in court hearings
• Draft legally sound documents and agreements
• Help avoid procedural errors that could result in permanent loss of rights

Attorney fees vary based on the complexity of the case, but expect to pay around 20,000-30,000 Turkish Lira for uncontested divorces and 50,000-80,000 Turkish Lira for contested divorces (2025 figures).

Timeline Expectations

The duration of divorce proceedings varies significantly:

• Uncontested divorces typically conclude within 1-3 months, often with just one court hearing
• Contested divorces at the court of first instance usually take 1-2 years
• With appeals, contested divorces can extend to 4-5 years before final resolution

Factors affecting the timeline include:

• Court caseload and scheduling
• Complexity of the issues involved
• Need for expert reports or witness testimony
• Cooperation level between the parties
• Appeals to higher courts

Frequently Asked Questions About Turkish Divorce

Can I file for divorce without a lawyer in Turkey? Yes, you can file without a lawyer, but this is generally not recommended due to the complex legal procedures and potential for permanent loss of rights.

How is property divided in a Turkish divorce? For marriages after 2002, property acquired during marriage is generally divided equally unless a different matrimonial regime was chosen. Property owned before marriage or received as gifts/inheritance remains separate.

How long does a divorce take in Turkey? Uncontested divorces typically take 1-3 months, while contested divorces can take 1-2 years at first instance, extending to 4-5 years with appeals.

Can a foreigner file for divorce in Turkey? Yes, foreigners married to Turkish citizens or foreigners married to other foreigners can file for divorce in Turkey if jurisdictional requirements are met.

Does fault affect property division or alimony? Fault can affect alimony rights but generally does not impact property division. A spouse whose fault in the divorce is greater than the other spouse’s cannot claim poverty alimony.

Can a divorce decision be reversed? Once a divorce is finalized, it cannot be reversed. However, parties can remarry each other if they wish to restore their marital relationship.

Is mediation required before filing for divorce? Unlike some other legal disputes, family law cases including divorce are exempt from mandatory mediation requirements in Turkey.

 

Conclusion

Navigating the divorce process in Turkey requires a clear understanding of the legal framework and procedures involved. Whether pursuing a contested or uncontested divorce, being well-prepared with proper documentation and realistic expectations is essential.

The Turkish divorce system balances protecting individual rights with preserving family interests, especially regarding children.

Legal representation from an experienced attorney can significantly impact the outcome of your case by ensuring compliance with procedural requirements and advocating for your interests throughout this challenging process.

For foreigners and Turkish citizens alike, understanding these fundamental aspects of Turkish divorce law provides a solid foundation for making informed decisions during this significant life transition.

 

About Soylu Law Firm

Your Trusted Partner in Turkish Legal Matters

Soylu Law Firm provides comprehensive legal services for both local and international clients navigating the Turkish legal system. Based in Istanbul, our team specializes in family law with particular expertise in divorce proceedings, property division, and child custody matters.

We pride ourselves on offering multilingual legal support for our international clients, effectively managing cross-border documentation requirements and coordinating with foreign legal systems when necessary.

Our attorneys are experienced in addressing the unique challenges faced by expatriates and international couples seeking legal resolutions in Turkey, ensuring clear communication and culturally sensitive representation throughout the legal process.

 

For a confidential consultation regarding your divorce or other legal matters, contact Soylu Law Firm today.