Divorce in Turkey: Process and Requirements

Divorce can be a challenging and emotional process, especially for foreigners navigating the Turkish legal system. Understanding the procedures, requirements, and potential challenges is crucial to ensure a smooth transition. This guide provides an overview of the divorce process in Turkey, tailored for both Turkish citizens and foreign nationals.

Divorce in Turkey

Types of Divorce in Turkey

In Turkey, divorces are primarily categorized into two types: uncontested (mutual consent) and contested divorces.

Uncontested Divorce (Anlaşmalı Boşanma)

An uncontested divorce is applicable when both spouses agree on all terms, including property division, child custody, and alimony. 

• The marriage must have lasted at least one year.

• Both parties must appear before the court.

• A written agreement outlining the divorce terms must be submitted.

This process is typically quicker and less costly, often finalized in a single hearing. 

Contested Divorce (Çekişmeli Boşanma)

When spouses cannot agree on divorce terms, a contested divorce is pursued. Common grounds include:

• Adultery

• Abandonment

• Cruel treatment or abuse

• Irreconcilable differences

This process can be lengthy, requiring multiple hearings and substantial evidence.

Legal Grounds for Divorce

Under the Turkish Civil Code, specific grounds for divorce include:

• Adultery

• Attempt on life, severe abuse, or degrading treatment

• Committing a crime or leading a dishonorable life

• Desertion

• Mental illness

• Irretrievable breakdown of the marriage

Each ground has its own criteria and may require evidence to support the claim. 

Divorce Process for Foreigners

Foreign nationals can file for divorce in Turkey under certain conditions:

• If at least one spouse resides in Turkey.

• If the marriage was registered in Turkey.

• If the defendant is a Turkish citizen or resides in Turkey.

It's essential to consult with a lawyer experienced in international family law to navigate potential complexities, such as jurisdiction issues and recognition of foreign court decisions.

Required Documents

When filing for divorce, the following documents are typically required:

• Marriage certificate

• Identification documents

• Proof of residence

• Written agreement (for uncontested divorces)

• Evidence supporting the grounds for divorce (for contested divorces)

Additional documents may be necessary, especially for foreigners, such as notarized translations and apostilled documents.

Child Custody and Alimony

In divorce cases involving children, Turkish courts prioritize the child's best interests. Factors considered include:

• The child's age and needs

• Each parent's ability to provide care

• The child's preference (depending on age)

Alimony (nafaka) may be awarded based on factors like the duration of the marriage, financial needs, and the standard of living during the marriage.

Finalizing the Divorce

Once the court reaches a decision, the divorce becomes official upon registration with the civil registry. For foreign nationals, it's crucial to ensure the divorce is recognized in their home country, which may involve additional legal procedures.

Conclusion

Navigating a divorce in Turkey requires a clear understanding of the legal procedures and requirements. Whether you're a Turkish citizen or a foreign national, seeking professional legal advice can help ensure your rights are protected throughout the process.

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