In Turkey, there are two types of divorce cases: uncontested divorce cases and contested divorce cases. An uncontested divorce case can typically be finalized within approximately 2 weeks, while a contested divorce case, depending on the resistance from the other party, may take up to 3-4 years. The legal matters related to divorce are regulated by the Turkish Civil Code, and both men and women have equal status under this code.
According to the Turkish Civil Code, divorce reasons are categorized into special and general reasons. Special reasons include adultery, attempted murder, severe ill-treatment, leading an indecent life, abandonment, mental illness, and the irreparable breakdown of the marital union. Uncontested divorce occurs when both parties apply together or when one spouse accepts the other’s lawsuit. If the judge is convinced that the will of the parties has been freely expressed, a divorce decree is issued.
In divorce cases other than uncontested ones, the judge evaluates whether the marital union has irreparably broken down. Irreparable breakdown implies that living together has become unbearable for the spouses.
The divorce rate in Turkey has been on the rise in recent years. In 2023, there were approximately 1.2 million divorces in Turkey, marking a 10% increase compared to 2022.
Divorce can have negative consequences for both spouses and children. After divorce, disputes may arise over property division, child custody, and alimony. These disputes can lead to domestic conflicts and even violence.
Post-divorce, children may experience emotional difficulties as they struggle to adapt to the separation of their parents. This situation can negatively impact their academic success, social relationships, and mental well-being.
Divorce is a challenging process for both spouses and children. Seeking professional help, such as marriage counseling before divorce and psychological support for children after divorce, can facilitate a smoother transition through this difficult period.
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How To Get Divorced In Turkey?
The divorce process in Turkey is a legal procedure that couples initiate due to the issues they encounter, and it is regulated by the Turkish Civil Code (TMK). The divorce proceedings generally consist of a series of steps, and it is important to follow these steps to complete the legal procedures.
As the initial step, the divorce process begins with an application. Couples typically apply to the Family Court in their place of residence. The party initiating the divorce presents a petition to the court containing the request for divorce. This petition outlines in detail the reasons for the divorce and the requests of the couple.
If the parties have reached an agreement, the option of a mutual divorce can be preferred. However, in this case, both parties must have reached an agreement on the divorce.
The court examines the submitted petitions, the statements of the parties, and the evidence to make a decision. When making a divorce decision, the court evaluates various issues, including property division, alimony, and child custody.
In case of disagreements between the parties during the court process, the court may initiate a negotiation process to try to reach a settlement between the parties.
After evaluating the situation of the parties, the court issues a decision. This decision may include aspects such as divorce, property division, and alimony. Although there is a right to appeal the court decision, there is a specific time limit for this process.
The divorce process can be complex and emotionally challenging for the parties involved. Therefore, seeking professional support from a lawyer is important. A specialized lawyer can guide the parties throughout the process and help protect their rights.
Divorce In Turkey For Foreigners
One of the spouses may be a foreigner, or both spouses may be foreigners. In both cases, it is possible to get divorced in Turkey. The international jurisdiction of Turkish courts is determined by the Law on International Private and Procedural Law No. 5718 and the Turkish Civil Code No. 4721. In this context, the international jurisdiction of Turkish courts is determined by the rules of jurisdiction based on domestic law.
According to Article 168 of the Turkish Civil Code, the competent court for divorce or separation cases is the court of the place of residence or the court of the place where the parties last resided together for at least six months before the lawsuit. This situation needs to be considered through two different scenarios.
If one spouse is Turkish and the other is a foreign national, the residence address in Turkey or the family court of the place where they last resided together within the last six months becomes competent. If the Turkish citizen or the other spouse does not have a residence address in Turkey, the court of the place where the person resides will be competent. If not residing in Turkey, the case will be heard in the court of the last place of residence in Turkey or in the courts of Ankara, Istanbul, or Izmir.
If both spouses are foreign nationals living in Turkey, the residence address of both spouses makes the family court of that location competent.
For example, both spouses may be Syrian nationals but if they reside in Gaziantep, Gaziantep family courts have jurisdiction because their residence addresses are in Gaziantep. Additionally, if the petitioner spouse is a Turkish citizen residing in Turkey, and the other party is a foreign national residing in their own country, the divorce case can be filed at the petitioner spouse’s residence address.
Uncontested divorce cases are exceptions and can be filed in all family courts in Turkey. Furthermore, even if a case is filed in a court without jurisdiction, and the other party does not object to jurisdiction, the case will proceed.
Considerations for Foreigners Getting Divorced in Turkey
Foreigners need to pay attention to certain issues when getting divorced in Turkey. These include:
- Seeking legal assistance from a lawyer before filing for divorce is important.
- Preparation of the necessary documents for filing and conducting the divorce case, including identification documents, marriage certificate, and divorce protocol.
- Filing a petition with the family court to initiate the divorce case.
- The divorce case concludes when both parties apply together or when one spouse accepts the other’s lawsuit.
To finalize the divorce decision, an appeal must be filed within 2 weeks. Foreigners getting divorced in Turkey must comply with the relevant provisions of the Turkish Civil Code. Additionally, they need to follow the required procedures for initiating and conducting the divorce case.
How Long Does A Divorce Take In Turkey?
Divorce proceedings in Turkey vary depending on the type and complexity of the case. Uncontested divorce cases can typically be concluded within a short period, often around 1-2 weeks. However, contested cases other than uncontested divorces may take longer, depending on the details of the case, the evidence presented by the parties, and the workload of the court. Contested divorces, where the other party resists, can extend up to 3-4 years.
In uncontested divorce cases, the parties must have reached an agreement on the divorce beforehand. This agreement is documented in a document called the divorce protocol. The protocol includes the terms of agreement between the parties regarding property division, custody, alimony, and other relevant issues. The protocol is prepared by the parties’ attorneys and submitted to the court. If the court accepts the protocol, it issues the divorce decree.
On the other hand, contested cases involve disagreements between the parties. When rendering a divorce decision, the court evaluates whether the marital union has been irreparably damaged. This evaluation requires the parties to present evidence to the court demonstrating that the marital union has been compromised, which may include instances of violence, infidelity, abandonment, and other relevant behaviors.
The duration of a divorce case varies depending on the complexity of the case. For example, if the duration of the marriage is long, the court may need to more thoroughly assess whether the foundation of the marital union has been shaken, potentially prolonging the process.
Additionally, the workload of the court can impact the duration of a divorce case. If the court is busy, cases may take longer to be resolved. Therefore, the timeframe for divorce proceedings in Turkey is subject to variation based on the nature of the case, the evidence presented by the parties, and the current workload of the court.
How Much Does It Cost To Get A Divorce In Turkey?
The cost of divorce proceedings in Turkey can vary based on several factors, including attorney fees, court fees, and other expenses. Divorce case fees are typically determined by factors such as the lawyer’s experience, the complexity of the case, the presence of multiple parties involved, and the length of the court process. These fees are often not fixed amounts and can be determined on an hourly basis or based on the outcome of the case.
The average cost for an uncontested divorce case in 2024 is estimated to be between 20,000 TL and 40,000 TL.
The average cost for a contested divorce case in 2024 is estimated to be between 40,000 TL and 80,000 TL.
Attorney fees generally depend on the lawyer’s experience, average fee levels in the city, and the complexity of the case. Uncontested divorce cases may incur lower fees because the agreement between the parties can lead to a quicker and simpler court process. On the other hand, contested cases may require more legal work and time, leading to higher costs.
Court fees are also a significant factor in the divorce case process and can vary based on the type of case and the requested claim amount.
Due to regional variations, the attorney’s fee policy, and the complexity of the case, it is challenging to provide a general pricing estimate. Therefore, for the most reliable information on divorce case fees, it is essential to communicate with and consult a lawyer. After reviewing the details of the case, the lawyer can provide a personalized cost estimate for the parties involved.