The Complete Divorce Process: A Comprehensive Guide from Pre-Filing to Property Division
The entire process from the decision to divorce to the liquidation of the marital property regime: case types, grounds for divorce, custody, types of alimony, compensation and property division in a single guide.
Although divorce may look like a single lawsuit, it is in fact a multi-layered legal process encompassing custody, alimony, compensation and property division. This guide has been prepared so that you can understand the process from start to finish in one place.
Types of Divorce: Which One Is Right for You?
Uncontested (Consensual) Divorce
If the marriage has lasted at least 1 year and the parties agree on all consequences, the prepared settlement protocol is submitted to the court and the case usually concludes in a single hearing.
Matters that must be regulated in the protocol:
- Custody and the visitation (personal contact) arrangement
- Child support and post-divorce (poverty) alimony (or waiver)
- Pecuniary and non-pecuniary compensation (or waiver)
- Property division and household goods
- Allocation of joint debts
Warning: Template protocols downloaded from the internet contain gaps that leave the door open to future property regime and alimony claims. The protocol must be drafted with the waiver clauses properly structured.
Contested Divorce
Where there is no agreement, the case is built on proving fault. The general ground is the irretrievable breakdown of the marital union (severe incompatibility). The special grounds are adultery, attempt on the life of the spouse and severe maltreatment, committing a crime and leading a dishonourable life, desertion, and mental illness.
Why Fault Matters
In a contested divorce, the degree of fault determines the fate of compensation and post-divorce alimony:
| Situation | Outcome |
|---|---|
| Predominantly at-fault spouse | May have to pay compensation; cannot receive post-divorce alimony |
| Equal fault | As a rule no compensation; alimony depends on the circumstances |
| Less at-fault / faultless spouse | May claim pecuniary and non-pecuniary compensation and alimony |
Fault is proven through witnesses, message records, bank transactions, social media content and incident reports. Evidence obtained unlawfully (such as secret audio recordings) is as a rule inadmissible and may additionally constitute a criminal offence.
Custody and Personal Contact
The sole criterion in custody is the best interests of the child. The court assesses the expert pedagogue's report, the parties' living conditions and the child's views together. Visitation days (personal contact) are arranged in favour of the party who does not obtain custody; failure to comply with these orders may lead to enforcement proceedings and constitute grounds for a change of custody.
Types of Alimony
- Interim alimony (tedbir nafakası): For the spouse and children during the case; runs from the filing date.
- Child support (iştirak nafakası): Paid after the divorce to the party holding custody, for the child's expenses.
- Post-divorce alimony (yoksulluk nafakası): For the spouse who would fall into poverty because of the divorce and who is not predominantly at fault.
Alimony can be increased each year in line with the PPI/CPI rate; if circumstances change, an action for increase, reduction or termination may be filed.
Pecuniary and Non-Pecuniary Compensation
- Pecuniary compensation (Turkish Civil Code (TMK) Article 174/1): May be claimed by the faultless or less at-fault spouse whose existing or expected interests have been harmed by the divorce.
- Non-pecuniary compensation (Turkish Civil Code (TMK) Article 174/2): For the spouse whose personality rights have been violated (infidelity, violence, insult).
Compensation claims may be raised together with the divorce case, or separately within 1 year from the date the judgment becomes final.
Property Division (Liquidation of the Marital Property Regime)
For marriages concluded after 2002, the statutory regime is participation in acquired property:
- Acquired property (salary, a home/vehicle purchased during the marriage, social security (SGK) payments): shared half and half based on the residual value.
- Personal property (pre-marital assets, inheritance, gifts, non-pecuniary compensation awards): excluded from division.
The liquidation action is a separate case from the divorce case and becomes ripe for adjudication once the divorce is final. Personal property claims and value-increase share calculations require technical expert examination.
Process Timeline (Summary Table)
| Stage | Uncontested | Contested |
|---|---|---|
| Case preparation | 1-2 weeks | 2-4 weeks |
| Judgment | 1-2 months | 12-24 months |
| Finalisation | 2-4 weeks | +6-18 months with appeal/cassation |
| Liquidation of the property regime | Resolved via the protocol | Separate case: 12-24 months |
Summary
- Where possible, aim for an uncontested divorce; it is the fastest and least draining route.
- In a contested divorce, proof of fault determines compensation and alimony.
- The custody standard is the best interests of the child; the expert report is decisive.
- Property division is a separate case; acquired property is as a rule shared equally.
- Do not forget the 1-year period for compensation (from finalisation) and the 10-year period for liquidation.
References
- Turkish Civil Code No. 4721, Articles 161-184 — Divorce
- Turkish Civil Code (TMK) No. 4721, Articles 202-241 — Marital property regimes
- Law No. 6284 on the Protection of the Family
Frequently Asked Questions
This article has been prepared for general information purposes only and does not constitute legal advice. Legislation and case law may change; always consult a lawyer about your specific case.