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The divorce procedure in Turkey

The divorce procedure in Turkey

Updated on Wednesday 25th May 2016

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divorce_procedure_turkey.jpgA divorce in Turkey can be started only if the marriage was registered at the Vital Statistics office. If a foreign citizen followed the registration procedure, in order to obtain the divorce he has to go to a civil court from where he will receive a court divorce decree. The foreigner can’t go to a court in another jurisdiction in order to get the documents for divorce, this process must be completed with a civil court from Turkey that will make the judgment. 

If you decide to divorce in Turkey, you will need a Turkish lawyer who will receive a power of attorney in order to represent you in front of the court. You can request a private trial if you don’t want the public to be present in the courtroom and hear details about your marriage. In certain cases, the judge will accept the request and will start the trial closed to the public.

The judge may decide to offer to the two parties a period of reconciliation between one and three years and only after that period, the divorce procedure may end. After the divorce, the woman usually goes back to her family name before the marriage. Only if the judge approves, she can keep the ex-husband’s name after the divorce.

Almost a year after the divorce, the woman can’t get married again. A new marriage in the next 300 days after the divorce is possible only if a judge approves it. In court, it can be settled that a future marriage can’t take place in the next period, no matter the reason.

The court decides on children issues related to custody and may force the parents to contribute to the children growth according to their income. Child custody will be decided in court and the judge will choose the spouse who can provide the child with the needed care, both material and emotional. If the spouses separated because of issues like family violence, then one of the parties may ask for a limitation of the visitation rights. A lawyer in Turkey will help you with court representation, especially in those cases where the situation of the children needs to be carefully considered. 

Grounds for divorce in Turkey

Spouses can divorce on terms of incompatibility, understood as a case when the two individuals no longer share the same ideas and feelings. This is a common cause for divorce in Turkey, but other situations are also possible. The following represent the grounds for divorce accepted in a court in Turkey, as stated in the Turkish Civil Law:
- adultery,
- unreasonable behavior,
- maltreatment, physical violence or attempt to kill,
- if one of the spouses has committed a crime,
- desertion: if the spouses were separated for at least six months and the separation continues, the spouse that was deserted can file a lawsuit for divorce,
- mental disease,
- irretrievable breakdown of the marriage.

The divorce procedure in Turkey is not complicated or conservative because the family law in this country was inspired by the Swiss Family Law. This law put an end to the Islamic rules, different from the modern principles of family laws.

Types of divorce in Turkey 

In Turkey, there are two major types of divorces: contentious divorce suit and consensual divorce. The first one applies when the spouse goes to the court in order to end the marriage because of the conflicts between the two partners, adultery, insults, mental illness etc. The uncontested divorce is when one of the spouses decide to finish the marriage, goes to the court and there is no objection related to the separation.

If you need more details or legal assistance in court, you may contact our Turkish lawyers.