What Are the Types of Divorce in Turkey? – Atty. Ozan Soylu

Types of Divorce in Turkey

The legal framework for divorce in Turkey is primarily governed by the Turkish Civil Code (Türk Medeni Kanunu), which was modernized in 2002 to align more closely with European standards. Understanding the divorce procedures in Turkey requires familiarity with both the legal foundations and the cultural context in which these laws operate.

Turkey’s approach to divorce represents an interesting blend of secular legal principles and traditional values that continue to influence family dynamics in the country. The Civil Code establishes equal rights for both spouses and provides various grounds for the dissolution of marriage.

For foreigners and expatriates living in Turkey, or those married to Turkish citizens, navigating this system can be particularly challenging due to jurisdictional questions and the application of international private law.

This article explores the different types of divorce available under Turkish law, the procedures involved, and important considerations for those contemplating or going through a divorce in Turkey.

 

Types of Divorce in Turkish Legal System

Turkish law recognizes two main categories of divorce: contested divorce and uncontested divorce. Within these categories, there are several specific grounds and procedures.

Uncontested Divorce (Anlaşmalı Boşanma)

Uncontested divorce, also known as divorce by mutual consent, is the simplest and fastest method of ending a marriage in Turkey. This process requires both spouses to agree on all terms of the divorce, including property division, alimony, child custody, and visitation rights.

The procedure begins with both parties submitting a joint petition to the family court. The petition must include a detailed settlement agreement covering all aspects of the divorce. While the law technically requires a court appearance, judges often waive this requirement if the agreement clearly protects the interests of both parties and any children involved.

Uncontested divorces can be finalized in as little as one to three months, making them the preferred option for couples who can reach amicable agreements. The court’s primary role is to verify that the agreement is fair and that both parties entered into it without coercion.

Contested Divorce (Çekişmeli Boşanma)

When spouses cannot agree on divorce terms or one party opposes the divorce altogether, the case becomes a contested divorce. Turkish law provides several specific grounds for contested divorce:

General Grounds for Irretrievable Breakdown

The most comprehensive ground for divorce is the irretrievable breakdown of the marriage (evlilik birliğinin sarsılması). This flexible provision allows divorce when the marriage has deteriorated to the point where the spouses cannot reasonably be expected to continue living together. Courts consider various factors such as:

• Abandonment
• Failure to fulfill marital obligations
• Serious disagreements that make cohabitation impossible
• Breakdown of communication and mutual respect

This ground gives judges significant discretion in determining whether the marriage has indeed broken down irretrievably. The court may initially attempt reconciliation if there appears to be any possibility of saving the marriage.

Adultery (Zina)

Adultery constitutes an explicit ground for divorce under Turkish law. Either spouse can file for divorce if they can prove the other has committed adultery. The burden of proof lies with the accusing spouse, who must provide concrete evidence of the infidelity. Courts typically require substantial proof beyond mere suspicion or circumstantial evidence.

Once adultery is proven, the innocent spouse has a right to divorce without any waiting period. However, this right expires one year after discovering the adultery, or ten years after the act itself. If the innocent spouse has forgiven the adulterous partner, either explicitly or by continuing the marriage with knowledge of the adultery, they may lose the right to use this ground.

Attempt on Life, Cruel Treatment, or Serious Insult

Turkish law allows for immediate divorce in cases of life-threatening behavior, cruelty, or grave humiliation. This ground covers:

• Physical violence or threats against the spouse or close family members
• Severe psychological abuse
• Public humiliation or serious insults that damage honor and dignity
• Any behavior that puts the spouse’s life, health, or safety at risk

Unlike other grounds, there is no forgiveness limitation period for cruelty or life-threatening behavior. The victimized spouse can file for divorce at any time, even if the incidents occurred years earlier. Courts take these allegations very seriously and may issue protective orders during the proceedings.

Commission of Crime or Dishonorable Life

A spouse may seek divorce if their partner has committed a crime that makes continued marriage unbearable or lives in a way considered dishonorable by society. This ground encompasses:

• Criminal convictions, especially for offenses involving moral turpitude
• Substance abuse issues that disrupt family life
• Gambling addiction that causes financial hardship
• Behavior that brings public shame or dishonor to the family

Courts evaluate these circumstances based on prevailing social standards and the specific impact on the marriage relationship. The judge considers whether the behavior makes it unreasonable to expect the innocent spouse to continue the marriage.

Abandonment

Abandonment constitutes grounds for divorce when one spouse has left the family home without justification for at least six months and refuses to return despite court orders. The abandoned spouse must prove:

• The departure was unjustified
• The period of absence has been at least six months
• The absent spouse has not responded to official notices to return

This ground acknowledges that marriage requires physical presence and shared life. When one partner deliberately and persistently avoids these obligations, the law provides relief to the abandoned spouse.

Mental Illness

Divorce may be granted if one spouse suffers from a mental illness that makes continued marriage intolerable and medical reports confirm the condition is unlikely to improve. This provision balances compassion for those with mental health conditions against the practical realities of marriage.

The law requires:

• Official medical diagnosis from an approved institution
• Evidence that the illness makes normal marital life impossible
• Expert testimony that recovery is unlikely in the foreseeable future

Courts approach these cases with sensitivity, often appointing a legal guardian to protect the interests of the spouse with mental illness during proceedings.

 

The Divorce Process in Turkey

Filing the Petition

The divorce process begins with filing a petition (dava dilekçesi) with the family court in the district where either spouse resides. This document must clearly state the grounds for divorce and the specific claims being made regarding property, support, and child custody.

For uncontested divorces, couples file a joint petition with their settlement agreement. In contested cases, the petitioning spouse must provide preliminary evidence supporting their claims. The court then serves the petition to the responding spouse, who has two weeks to file a response.

The initial filing sets the scope of the divorce action. Claims not included in the original petition or response may be difficult to introduce later, so thorough preparation is essential. Many people seek legal counsel at this stage to ensure their petition is comprehensive.

Court Proceedings and Evidence

Turkish divorce proceedings involve a series of hearings where both parties present evidence and arguments. The court may:

• Hear testimony from the spouses and witnesses
• Review documentary evidence and expert reports
• Order psychological evaluations in custody disputes
• Appoint financial experts to value assets
• Implement temporary measures regarding residence, support, and child custody

The burden of proof varies depending on the alleged grounds for divorce. In cases of adultery or cruelty, specific evidence of the alleged behavior is required. For irretrievable breakdown claims, the court has more discretion to evaluate the overall state of the marriage.

Temporary Measures During Proceedings

During pending divorce cases, which can sometimes take years to resolve, the court may issue temporary orders regarding:

• Spousal maintenance to ensure financial stability
• Child custody and visitation arrangements
• Exclusive use of the marital home
• Protective orders in cases involving domestic violence
• Freezing of joint assets to prevent dissipation

These measures ensure that vulnerable parties are protected during the litigation process and prevent one spouse from gaining unfair advantage through delay tactics or economic pressure.

Mediation and Reconciliation Attempts

Turkish courts often encourage mediation before proceeding with a contested divorce. The judge may order a mandatory reconciliation attempt, particularly in cases filed on grounds of irretrievable breakdown. This reflects the law’s interest in preserving marriages when possible.

If the couple reconciles during proceedings, the case is dismissed. If reconciliation fails, the divorce proceeds based on the established grounds. In practice, successful reconciliation through court intervention is relatively rare, but the process can sometimes help couples negotiate more amicable terms.

 

Legal Consequences of Divorce

Property Division

Turkey follows a marital property regime based on participation in acquired property (edinilmiş mallara katılma rejimi). Under this system:

• Assets acquired during marriage are subject to equal division
• Property owned before marriage or received as inheritance/gifts remains separate
• Business assets may be divided differently if one spouse contributed significantly
• Pension rights and retirement benefits are considered in the division

The property division occurs at the time of divorce and is not modifiable later, making it crucial to ensure all assets are properly disclosed and valued during proceedings.

Alimony and Support

Turkish law provides for several types of financial support following divorce:

Spousal Support (Yoksulluk Nafakası)

Indefinite alimony may be awarded to a spouse who will face poverty after divorce. Unlike many Western countries, Turkish law historically allowed permanent alimony without time limitations, though recent legal debates have focused on imposing time restrictions.

The court considers factors such as:

• Duration of the marriage
• Age and health of the spouse
• Employment prospects and earning capacity
• Contributions to the marriage
• Standard of living during marriage

The support obligation ends if the receiving spouse remarries or begins living with another partner in a marriage-like relationship.

Compensation (Tazminat)

A spouse who suffers material or moral damage due to divorce may claim compensation from the partner at fault. This might apply in cases of:

• Adultery or abandonment
• Domestic violence or cruelty
• Public humiliation
• Loss of social status or reputation

The amount awarded depends on the severity of the harm and the financial capacity of the responsible spouse. These payments are typically made as lump sums rather than ongoing payments.

Child Custody and Support

Custody Arrangements

Turkish courts determine custody based on the best interests of the child principle. Historically, courts often awarded custody to mothers, especially for younger children, but modern practice increasingly recognizes the importance of both parents’ involvement.

The court considers:

• The child’s age and developmental needs
• Each parent’s capacity to provide care
• The child’s relationships with each parent
• Stability and continuity in the child’s life
• Any history of domestic violence or abuse

Joint legal custody is becoming more common, though one parent is typically designated as the primary physical custodian.

Child Support (Çocuk Nafakası)

The non-custodial parent must pay child support until the child reaches adulthood or completes higher education. The amount is based on:

• The child’s needs
• The parents’ financial resources
• The standard of living the child would have enjoyed if the marriage had continued
• Special requirements for education, health, or development

Child support orders are modifiable if circumstances change substantially. The court may increase or decrease payments based on changes in the child’s needs or the parents’ financial situations.

 

International Aspects of Divorce in Turkey

Jurisdiction and Applicable Law

For marriages involving foreign nationals or Turkish citizens living abroad, questions of jurisdiction and applicable law become crucial. Turkish courts generally have jurisdiction if:

• Either spouse is a Turkish citizen
• Either spouse resides in Turkey
• The marriage was performed in Turkey

When Turkish courts have jurisdiction over an international divorce, they apply Turkish law to the divorce proceedings themselves. However, for property division, the law of the couple’s first habitual residence after marriage may apply under principles of private international law.

Recognition of Foreign Divorces

Turkey generally recognizes foreign divorce decrees if:

• The foreign court had proper jurisdiction
• The proceedings provided basic due process
• The divorce does not violate Turkish public policy
• The decree is final under the laws of the issuing country

Foreign divorces must be formally recognized through a recognition procedure (tanıma) before Turkish authorities will give them legal effect. This process is particularly important for remarriage, property rights, and inheritance.

Special Considerations for Mixed Marriages

Marriages between Turkish and foreign nationals present unique challenges in divorce proceedings:

• Immigration implications for the non-Turkish spouse
• Complex property issues involving assets in multiple countries
• International child custody and potential relocation disputes
• Enforcement of support orders across international boundaries

These cases often require specialized legal assistance and may involve both Turkish courts and those of the foreign spouse’s home country.

 

Practical Considerations and Recent Developments

Legal Representation and Costs

While not mandatory, legal representation is highly advisable in Turkish divorce proceedings. Attorneys’ fees typically range from 50,000 to 140,000 Turkish Lira (approximately $1,366-$3,825 USD or €1,251-€3,505 EUR at March 2025 exchange rates) depending on the complexity of the case and the assets involved.

Court fees are relatively modest, consisting of a filing fee and small charges for official documents and notifications. However, expert witness fees for property valuation or psychological evaluations can be substantial. In principle, each party bears their own legal costs, though the court may order the at-fault spouse to pay in some contested cases.

Recent Legal Reforms and Debates

Several significant reforms and ongoing debates affect divorce law in Turkey:

• Proposals to limit indefinite alimony to a period proportional to the marriage duration
• Enhanced mechanisms for enforcing child support and alimony payments
• Greater recognition of domestic violence as a factor in divorce proceedings
• Discussions about introducing true joint custody options
• Debates regarding the role of fault in property division and support determinations

These discussions reflect the evolving nature of marriage and family in contemporary Turkish society and attempts to balance traditional values with modern realities.

Alternative Dispute Resolution

Turkey has recently introduced mandatory mediation for certain family law disputes, though divorce itself remains exempt. Many couples voluntarily pursue mediation to reduce costs and emotional strain.

Benefits of mediation include:

• More amicable resolutions
• Reduced legal expenses
• Faster resolution
• Greater privacy
• More flexible and customized agreements
• Better post-divorce cooperation, especially in co-parenting

Family courts increasingly recognize and enforce agreements reached through mediation, provided they protect the interests of children and financially vulnerable spouses.

 

Conclusion

The divorce system in Turkey continues to evolve, balancing traditional values with contemporary needs for flexibility and equality. Understanding the different types of divorce and their implications is essential for anyone navigating this challenging process.

While uncontested divorce offers a relatively straightforward path for couples who can agree on terms, contested proceedings provide important protections for those facing abandonment, cruelty, or other serious marital misconduct. The courts strive to ensure fair outcomes, particularly regarding children and economically vulnerable spouses.

For those contemplating divorce in Turkey, early legal consultation is advisable to understand the options, requirements, and potential outcomes. With proper guidance, the process can be navigated successfully, allowing individuals to move forward with their lives while fulfilling their legal and ethical obligations to family members.

 

About Soylu Law Firm

Soylu Law provides expert legal counsel in all aspects of Turkish divorce proceedings and family law. We specialize in handling international divorce cases, managing cross-border documentation, and navigating the complexities of apostille certification.

Our team offers comprehensive legal services for foreign clients, ensuring smooth communication and documentation workflows across different legal jurisdictions.

 

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