The path of marriage, which is accompanied by shared memories, joys and sorrows, can sometimes take an unexpected turn and end with a decision to separate. At this stage, if the marriage took place in Turkey or if one of the spouses is a Turkish citizen, knowing how the divorce process works in Turkey and getting expert opinion on how to divorce will make this difficult period more understandable and manageable.
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Divorce Laws and Procedures in Turkey
In Turkey, the divorce process of spouses is regulated by the Turkish Civil Code and implemented by Family Courts. Spouses can divorce by mutual agreement or contestation. In case of a contested divorce, one of the spouses must prove the fault or misconduct of the other spouse. In the case of a consensual divorce, that is, through reconciliation, there is no need to prove fault.
The divorce process begins when one of the spouses or their lawyer submits a divorce petition to the family court. In this petition, the reasons and demands for divorce are stated and the termination of the marriage is requested. These reasons must be among the reasons determined by the Civil Code.
The reasons for divorce in the Turkish Civil Code are as follows:
- Infidelity
- Acts that threaten life, very bad or degrading behavior
- Committing crimes and living a dishonorable life
- Abandonment and mental illness
- Irretrievable marriage breakdown
Moreover, if the parties are of different nationalities, divorce procedures are determined by the common national law of the spouses. If this is not available, Turkish law applies.
In addition, the civil law also enables uncontested divorce between spouses. Spouses can jointly prepare a divorce protocol and submit this protocol to the court. This protocol covers dissolution of marriage, financial matters, alimony, child custody and other related issues.
In family law processes, legal assistance is important to protect the rights of the parties and to carry out the divorce process in the most appropriate way. The parties usually retain an attorney, but this is not required.
Divorce Process
The decision to divorce is often an emotional and difficult process. After this decision, most people don't know exactly what steps to take. At this point, I will explain how you can start the divorce process in Turkey, from the divorce decision to the end of the case.
- Divorce Petition Preparation: You can consult a lawyer to prepare and submit a divorce petition. In this petition, you must state the reasons for your divorce request and your demands.
- Submission to Family Court: We submit the prepared divorce petition to the Family Court. We will schedule a hearing as soon as possible.
- Hearing: At the hearing, the judge listens to your reasons for divorce and decides whether they are legally valid, collects your evidence, and listens to your witnesses.
- Decision: If your reasons for divorce are deemed justified by the judge, the judge issues the divorce decision and this decision is officially recorded in the civil registry.
It would be useful to briefly touch upon the court fees associated with filing for divorce in Turkey. According to the current fees for 2023, the divorce case fee is determined as 600 TL and the court evidence advance fee is determined as 1000 TL. Apart from fees and advance evidence fees, if you are considering getting services from a lawyer during the divorce process, you should also take into account attorney's fees. For example;
- The attorney fee for the contested divorce case in 2023 is 44.500 TL and
- The attorney fee for the consensual divorce case in 2023 has been determined as 28.500 TL.
However, it should be noted that since every divorce case is different and each attorney's pricing policy may vary, attorney fees may vary depending on your specific situation.
Reasons for divorce
By giving more understandable examples of the reasons for divorce accepted in Turkey, I will help you to have insight into the situations in which you can get a final divorce decision:
- Cheat: Violation of the principle of fidelity to the marriage union is a common reason for divorce.
- Lack of Affection or Intimacy: Many people decide to divorce when the love and closeness between spouses ends.
- No children: One spouse's inability or unwillingness to have children may cause the other party to request a divorce.
- Maltreatment: Generally, violence or bad behavior towards children within the family are also common reasons for divorce cases.
- Economic problems: Economic problems or economic imbalances between spouses can negatively affect the marital union.
- Mental Illness: A situation in which one spouse suffers from a mental illness that may endanger the life of the other spouse.
- Abandonment: One of the spouses abandons the other, this situation continues for a year and the abandoned spouse faces the risk of poverty.
You have read above the reasons that lead to the most divorce in Turkey. The reasons for divorce are not limited to these; it is possible to present as a reason for divorce any fact that, in a subjective sense, makes marriage impossible for you. I recommend that you consult a lawyer specialized in this matter.
Property Sharing and Alimony
Property division and alimony issues have an important place in the divorce process. Property sharing in Turkey is based on the regime of participation in acquired property. According to this regime, the property acquired during the marriage is divided equally, that is, half and half, between the spouses. Assets taken into account in property division include real estate, securities, bank deposits, business assets and other valuables acquired during the marriage. Inherited property or property acquired free of charge is not subject to this sharing. These goods are considered personal property. In addition, there are procedures and principles regarding the sharing of goods located abroad.
Alimony: In divorce cases in Turkey, alimony can be requested from the other party in order to ensure the livelihood of the needy party. Alimony is determined according to the need and the economic power of the parties. Alimony requests are divided into two:
Precautionary Alimony: It may be requested to temporarily support the needy party during the divorce case.
Poverty Alimony: After the divorce decision is finalized, it can be requested to ensure the livelihood of the party in need.
In summary, property division and alimony are important and complex issues addressed during the divorce process in Turkey. It is important that you consult a legal professional for information and advice specific to your situation.
Joint Child Rights and Custody
The ultimate purpose of custody is to ensure that the child, who has not yet reached adulthood, is prepared for future life as an adult. While custody is shared by the mother and father during the marriage; In case of divorce, it is given to one of the parents. Joint custody practice is also accepted in many courthouses of Turkey as of 2023.
In Turkey, custody determination is made taking into account the best interests of the child. In addition, the spouse who does not have custody of the child may file a lawsuit for change of custody in the family court against the other spouse.
Change of Female Surname After Divorce
After the divorce, the woman's surname is automatically corrected to her maiden name. However, the woman has the right to continue using her ex-husband's surname if she requests it from the judge.
This situation is different in terms of children; even if custody remains with the mother, the child carries the father's surname after the divorce. The mother with custody has the right to file a lawsuit against this situation. If sufficient reason is shown, the child's surname can be changed by the judge to be the same as the mother's maiden name.
Conclusion
The reasons for divorce in Turkey are not limited and vary from person to person. First of all, I recommend that the parties think carefully about the reasons for the divorce and try to find a solution through agreement. Consensual divorce shortens the litigation process and reduces costs.
Before filing for divorce, the status of the acquired property should be determined, financial issues and child custody should be discussed. During the litigation process, evidence must be collected and legal support must be obtained. It is important that the parties act patiently, respectfully and in the best interest of the children during this process.
Contact Us to Learn How to Start Your Divorce Process in Turkey
During this difficult process, you need to make sure that you carefully consider every detail and that your rights are fully protected. This is where we come in.
As the founding partner of Lawyer Saim İncekaş Law Firm, I have been a lawyer specializing in family law for many years. Throughout my career, I have provided personal, meticulous and understanding support to my clients, guiding them from the beginning to the end of the process. My experience, knowledge and expertise are the perfect combination to help you through the divorce process.
If you are considering starting your divorce process in Turkey or need a lawyer to talk about your current situation and options, contact me immediately. contact.
Frequently Asked Questions
How can I start divorce proceedings in Turkey?
The divorce process begins with a divorce petition. One spouse sends a petition to the other stating his/her intention to divorce. This petition includes the reasons for the divorce request, requests such as custody, property sharing, and alimony. The petition is submitted to the family court and the response of the other party is awaited.
How long does the divorce case take?
The divorce process in Turkey may vary depending on the complexity of the case, the points on which the couple can agree, and the workload of the legal system. On average, a divorce case does not take longer than 8 months. However, sometimes this process can take up to 2 years.
In case of divorce, who gets the children?
In case of divorce in Turkey, child custody is determined in a way that best protects the child's interests. Courts take into account the child's age, gender, which parent the child has a stronger relationship with, and the parent's financial situation. Parents can reach an agreement regarding custody.
How long is alimony paid?
The duration of alimony depends on the plaintiff's financial situation, needs and other circ*mstances. Mostly, the duration of alimony is determined until the economic situation of the individual receiving alimony improves and poverty is eliminated.
Related Law Articles
Article 161 of the Turkish Civil Code titled Adultery
Item 161-If one of the spouses commits adultery, the other spouse can file for divorce.
The right to a lawsuit for a period of five years following the commencement of adultery, starting from the date of learning of the cause of divorce by the spouse who is entitled to the lawsuit, falls within five years.
The forgiving party does not have the right to sue.
Article 162 of the Turkish Civil Code titled "Attempt against life, very bad or degrading behavior"
Item 162-Each of the spouses may file for a divorce because the life of the other person is intended to be imposed on him / her, or that he is treated severely.
The right to a lawsuit shall be dealt with for a period of six months and, in any event, five years after the birth of the spouse who has the right to know the cause of divorce.
The forgiving party does not have the right to sue.
Article 163 of the Turkish Civil Code titled Committing a crime and leading a dishonorable life
Item 163-If one of the spouses commits a demeaning crime or lives a life of dishonesty and cannot be expected from the other spouse to live with it, the spouse can always file for divorce.
Article 164 of the Turkish Civil Code titled Abandonment
Item 164-If one of the spouses leaves the other in order not to fulfill their obligations arising from the marriage union or does not return to the common house without a justified reason, the separation lasts for at least six months and this situation continues and the warning made by the judge or notary public upon request remains inconclusive; the abandoned spouse can file for divorce. The spouse who forces the other to leave the common house or prevents him from returning to the common house without a justified reason is also deemed to have left.
At the request of the spouse who is entitled to the case, the judge or the notary public shall warn the spouse who has left the custody without examination of the merits, that the spouse must return to the common residence within two months and the consequences which will arise if it does not return. This notice is made through announcements when necessary. However, to open a divorce case, the deadline cannot be requested until the fourth month of the deadline is over, and the case cannot be sued unless two months have elapsed.
Article 165 of the Turkish Civil Code titled Mental illness
Item 165-If one of the spouses is mentally ill and therefore life becomes unbearable for the other spouse, the spouse may file a divorce case provided that it is determined by the official health board report that the disease cannot pass.
Article 166 of the Turkish Civil Code titled Disruption of the marital union
Article 166--If the marriage unity, the survival of the common life is expected to be shaken to the extent they can not be expected, each of the spouses can open a divorce case.
In the cases referred to in the above paragraph, if the plaintiff's fault is more severe, the defendant has the right to appeal the case. However, if the objection is an abuse of the right and if there is no benefit for the defendant and children in the continuation of the marriage union, a divorce may be decided.
If the marriage lasted for at least one year, if the spouses apply together or one spouse accepts the other's case, the foundation of the marriage union is considered to be shaken. In this case, in order to be able to make a divorce decision, the judge must listen to the parties in person and conclude that their will is freely explained and approve the regulation to be accepted by the parties regarding the financial consequences of divorce and the situation of the children. The judge may make the changes he deems necessary in this agreement, taking into account the interests of the parties and children. In this case the parties shall be subject to the adoption of amendments divorce. In this case, the provision that the parties' confessions will not bind the judge is not applied.
If it is decided to refuse the case opened by any of the reasons for divorce and three years have passed since the date on which this decision is finalized, if the common life cannot be re-established for whatever reason, the marriage union is considered to be fundamentally shaken and a decision to divorce upon the request of one of the spouses.
Article 166 of the Turkish Civil Code titled Disruption of the marital union
Article 166--If the marriage unity, the survival of the common life is expected to be shaken to the extent they can not be expected, each of the spouses can open a divorce case.
In the cases referred to in the above paragraph, if the plaintiff's fault is more severe, the defendant has the right to appeal the case. However, if the objection is an abuse of the right and if there is no benefit for the defendant and children in the continuation of the marriage union, a divorce may be decided.
If the marriage lasted for at least one year, if the spouses apply together or one spouse accepts the other's case, the foundation of the marriage union is considered to be shaken. In this case, in order to be able to make a divorce decision, the judge must listen to the parties in person and conclude that their will is freely explained and approve the regulation to be accepted by the parties regarding the financial consequences of divorce and the situation of the children. The judge may make the changes he deems necessary in this agreement, taking into account the interests of the parties and children. In this case the parties shall be subject to the adoption of amendments divorce. In this case, the provision that the parties' confessions will not bind the judge is not applied.
If it is decided to refuse the case opened by any of the reasons for divorce and three years have passed since the date on which this decision is finalized, if the common life cannot be re-established for whatever reason, the marriage union is considered to be fundamentally shaken and a decision to divorce upon the request of one of the spouses.
