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Av. Çağatay KISALaw & Consultancy

Divorce Lawyer

Divorce Law

Divorce proceedings in Turkey may be filed as uncontested or contested. An uncontested divorce can be finalized in a single hearing if the settlement protocol is ready; in a contested divorce, fault, alimony, child custody, and division of marital property are each assessed separately. Managing the process correctly prevents the loss of rights.

Divorce produces consequences that will shape your life for many years — custody, alimony, pecuniary and non-pecuniary damages, and the division of marital property. The grounds and procedure for divorce, set out in Articles 161-184 of the Turkish Civil Code (TMK), call for a different strategy in every individual case. Our office handles the entire process under one roof: from drafting the uncontested divorce protocol to gathering evidence in contested proceedings, and from protective measures under Law No. 6284 to actions for the liquidation of the matrimonial property regime. The confidentiality of our clients' private lives is at the center of how we work.

Uncontested divorce: conditions and the protocol

Under TMK Art. 166/3, an uncontested divorce may be filed only if the marriage has lasted at least one year and the spouses either apply jointly or one spouse accepts the action filed by the other. The judge hears the parties in person and assesses whether they have freely accepted the protocol prepared on the financial consequences of the divorce (alimony, compensation) and, where there are children, the arrangements concerning them (custody, child support, visitation); the judge may require the parties to amend any clause of the protocol found unsuitable. Preparing the protocol completely and realistically from the outset — in particular, balancing the alimony amount so that it neither leads to future poverty nor puts the paying spouse in hardship — is the single most important factor in concluding the case in one hearing.

Contested divorce: fault and the evidentiary framework

Where the parties cannot agree, the action is based either on the general ground of the 'irretrievable breakdown of the marital union' under TMK Art. 166/1-2 or on special grounds such as adultery (Art. 161), attempt on the spouse's life or severe maltreatment (Art. 162), committing a crime or leading a dishonorable life (Art. 163), and desertion (Art. 164). In contested proceedings, the finding of fault is supported by evidence such as witness statements, text messages and e-mail correspondence, bank records, and, where needed, a social investigation report. The apportionment of fault directly affects not only the divorce decision itself but also the prospects of alimony and damages claims — the spouse bearing the greater fault cannot claim post-divorce (poverty) alimony (TMK Art. 175).

Custody and the best interests of the child

TMK Art. 336 et seq. provide that custody is exercised jointly by the spouses during the marriage and that, upon divorce, the judge awards custody to one of the spouses. The sole criterion in that decision is the best interests of the child: the child's age, the stability of school and social environment, each parent's caregiving capacity and — if the child has reached sufficient maturity — the child's own preference are all taken into account. Visitation (contact days) is arranged for the parent not awarded custody; if circumstances later change (remarriage, health problems, neglect, and the like), an action for the modification of custody can be brought under TMK Art. 183.

Types of alimony and how the amount is determined

Turkish law recognizes three separate types of maintenance: interim maintenance paid during the proceedings (TMK Art. 169), post-divorce (poverty) alimony, which can be awarded indefinitely to the spouse who will fall into poverty as a result of the divorce and does not bear the greater fault (TMK Art. 175), and child support paid for the common child (TMK Art. 182). The amount is set at the judge's discretion, weighing together the claimant's needs, the paying party's income and assets, the fault situation, and the principle of equity — there is no fixed statutory ratio or table, which is why documenting each file's income/expense balance with concrete evidence (payslips, tax certificates, bank statements) is decisive.

Liquidation of the matrimonial property regime

For marriages concluded after 2002, unless otherwise agreed, the statutory regime is participation in acquired property (TMK Arts. 218-241). Assets acquired during the marriage (salary, rental income, real property or vehicles bought during the marriage, and the like) are, as a rule, shared equally in the liquidation; assets received by inheritance or acquired before the marriage, together with personal effects, are personal property excluded from that division (TMK Art. 220). The liquidation action (contribution/participation claim) is brought separately from the divorce case and usually after the divorce becomes final; title deed records, bank account movements, and any company shareholdings form the core body of evidence in this action.

Damages and protective measures

TMK Art. 174 grants a claim for non-pecuniary damages to the party whose personality rights were attacked through the events causing the divorce, and a claim for pecuniary damages to the faultless or less-at-fault party whose existing or expected interests are harmed by the divorce. In addition, where there is violence or a threat of violence before or during the divorce process, measures such as restraining orders, communication bans, and temporary financial support can be obtained swiftly under Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women, from the family court or, in urgent cases, from the local administrative authority; these applications operate independently of the divorce case and move much faster.

Family court proceedings at the Büyükçekmece Courthouse

Most divorce files from Büyükçekmece, Beylikdüzü, and Esenyurt are heard by the family courts at the Büyükçekmece Courthouse. In uncontested divorces, the parties and their counsel attend a single hearing, and once the judge approves the protocol, the decision can be announced the same day. In contested files, the interval between hearings can reach several months depending on the court's caseload; submitting the pleadings and evidence completely is the most concrete factor that speeds up the process by reducing the need for additional hearings. If one of the parties lives abroad, service of process may take longer, so this possibility should be assessed at the very start of the case.

Uncontested vs. contested divorce: time and cost compared

An uncontested divorce, where the protocol is complete, concludes in a single hearing, on average within 1-2 months, and the court fee and attorney fee items are clear from the outset. In a contested divorce, the duration can extend to 1-2 years — longer in files with complex property regime or custody disputes — depending on the parties' prospects of settlement, the need for witnesses and experts, and the appellate (regional court of appeals) and cassation stages; litigation costs and attorney fees increase accordingly with the scope of the file. An honest assessment at the outset of which route (uncontested or contested) is realistic delivers the greatest benefit to the client in terms of both time and cost.

Example scenario — a case that turns from uncontested to contested

(The following example is fictional, constructed to illustrate a common case type; it does not refer to any actual client or case.) The parties initially come in intending an uncontested divorce; during the discussions, however, a gap in expectations may emerge over the division of property or custody. In such a situation, rather than forcing a protocol signature, a realistic contested-proceedings plan is drawn up: which evidence needs to be gathered, how the fault allegations will be supported, and on which concrete grounds the custody claim will be argued are clarified from the start. This transparent approach prevents being caught by a surprise strategic shift mid-process.

The most common mistakes in the divorce process

Preparing or signing the protocol or the petition without consulting a lawyer, posting on social media about the process or targeting the other party (such posts can be used as evidence by the other side), insisting on unrealistic demands about alimony or property division out of emotional reaction, and prolonging the custody dispute in a way that leaves the child caught in the middle are the most frequently repeated mistakes that harm the course of these files. Knowing these points from the start both shortens the process and makes long-term family relationships (especially where there is a child) less damaging.

Challenging the judgment: appeal and cassation

Against the decision of the first-instance family court, an appeal may be filed with the regional court of appeals within two weeks of service of the reasoned judgment on the parties; in uncontested divorces this route is generally not pursued, since the parties have accepted the decision. The divorce ruling itself and the ancillary rulings on alimony, damages, and custody can each be appealed separately — for example, one party may challenge only the alimony amount while allowing the divorce ruling to become final. Against the decision of the regional court of appeals, a cassation appeal to the Court of Cassation (Yargıtay) is available in files meeting the statutory conditions; since each of these stages is subject to its own time limits and procedural rules, noting the date of service of the judgment and acting within the deadline is decisive.

Divorce for spouses living abroad or foreign nationals

If one of the parties resides abroad, the action can still be filed before the competent family court in Turkey (usually at the place of the last common residence); however, service on the party abroad may take longer than domestic service because of international service procedures, and this time should be factored in from the start. In divorces involving foreign national spouses, determining the applicable law (Turkish law or foreign law) due to the foreign element requires a separate assessment; if a divorce was previously filed or finalized in a foreign country, having that judgment recognized in Turkey through a recognition and enforcement action is a separate process and is required for the divorce to be recorded in the Turkish civil registry.

Is mediation possible in divorce?

Unlike many other fields of law, mandatory mediation (as a precondition to litigation) does not apply to divorce and its ancillary consequences (alimony, custody, division of property); matters involving non-waivable personality rights (such as the divorce decision itself) are not considered suitable for mediation. However, if the parties wish, they can reach an uncontested divorce protocol out of court through voluntary mediation or direct negotiation between counsel; this is both faster and less damaging than a contested process, and where possible it is recommended as the first option to consider.

Extra care for clients who are victims of domestic violence

For clients entering the divorce process because of violence or the threat of violence, we prepare applications for protective measures under Law No. 6284 simultaneously with the divorce petition, and where needed we recommend safe communication channels such as judicial interview rooms or online meetings. In such files, the priority is obtaining the protective order as quickly as possible and securing the client's safety; the other financial and custody consequences of the divorce are planned after this first step has been secured.

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Services We Provide in This Area

  • Drafting the uncontested divorce protocol and handling the case
  • Contested divorce actions (irretrievable breakdown, adultery, desertion)
  • Custody, visitation arrangements, and modification of custody
  • Interim maintenance, post-divorce (poverty) alimony, and child support claims
  • Claims for pecuniary and non-pecuniary damages
  • Liquidation of the matrimonial property regime and participation-claim actions
  • Protective measures under Law No. 6284
  • Family residence annotation and parentage (paternity) actions

Frequently Asked Questions

Divorce Law: Frequently Asked Questions

For an assessment of your specific case, please book an appointment.

Uncontested divorce cases — where the parties fully agree on the financial consequences of the divorce (alimony, damages, division of property) and, where there is a child, on custody and visitation, and where the protocol is prepared completely in accordance with TMK Art. 166/3 — can usually be concluded in a single hearing, on average within 1-2 months depending on the court's caseload. The statutory precondition is that the marriage has lasted at least 1 year; an action filed before this period has passed cannot proceed as uncontested and converts to the contested procedure. At the hearing, the judge must hear the parties (and, where relevant, the children) in person and be satisfied that their consent was formed freely and without pressure; for this reason, one party's failure to attend the hearing, or an incomplete or contradictory clause in the protocol, can prolong the process and even turn it into a contested divorce. A protocol that clearly covers the alimony amount, the method of payment, damages, household goods, and any custody-visitation arrangement reduces both the duration of the process and the risk of renewed litigation later. Once the protocol is approved by the court and the judgment becomes final, changing it through a new action is not easy; it is therefore essential that the protocol be prepared completely at the first stage, balancing the interests of both parties.

Contested divorce cases take on average 1-2 years at first instance, depending on the evidence, the number of witnesses, and the court's caseload. The main factors determining the duration are: how quickly the pleadings stage (petition, answer, reply, rejoinder) is completed, the number of witnesses and their attendance at hearings, the time needed to gather the evidence supporting the fault allegations (message records, bank movements, social investigation report), and, where custody is disputed, the expert/pedagogue examination. If one of the parties challenges the judgment, the appellate stage before the regional court of appeals and, where the conditions are met, cassation review can extend the total duration; it is also possible to challenge only ancillary rulings such as alimony or damages while allowing the divorce part to become final. The most effective ways to shorten the process are submitting the complete evidence list together with the petition, ensuring the witnesses are reachable, and — even during the case — exploring whether the parties can agree on common ground and convert the file into an uncontested divorce. Since every file has its own dynamics, the healthiest approach is to draw up a realistic timeline for your specific situation at the first consultation.

For marriages concluded after 2002, unless the spouses have chosen a different regime before a notary, the statutory regime of participation in acquired property applies (TMK Art. 218 et seq.). Accordingly, assets acquired during the marriage through labor or payment — salary and savings, the home and car bought during the marriage, rental income, social security (SGK) payments — are, as a rule, shared equally in the liquidation. Assets received by inheritance or gift, those acquired before the marriage, personal effects, and non-pecuniary damages awards count as personal property and are excluded from the division (TMK Art. 220). If one spouse contributed to the acquisition of the other's personal property, a contribution claim arises; if personal and acquired property have been commingled, an equalization calculation comes into play. An important procedural point: the division of property does not happen automatically with the divorce judgment; it requires a separate action for the liquidation of the matrimonial property regime (participation claim), which is usually heard after the divorce becomes final. Title deed records, bank movements, and loan repayment schedules are the core evidence in this action; if there is a suspicion of asset concealment, an interim measure should be considered from day one.

Different criteria apply depending on the type of maintenance. For post-divorce (poverty) alimony (TMK Art. 175), the judge assesses together whether the claimant spouse will fall into poverty because of the divorce, the fault situation (the spouse bearing the greater fault cannot claim poverty alimony), and the other spouse's ability to pay; the amount is set not by a fixed formula but according to the circumstances of the specific case, and it can be awarded indefinitely. For child support (TMK Art. 182, Art. 327 et seq.), the child's education, health, housing, and general care needs together with both parents' income are taken as the basis; this support is the joint responsibility of both parents until the child reaches majority (extendable if education continues). Interim maintenance is ordered temporarily to cover needs during the proceedings. The alimony amount can later be redetermined through an increase or reduction action if the parties' income changes significantly; an annual increase clause can also be added to prevent erosion by inflation. Since unpaid alimony can trigger both enforcement proceedings and, under certain conditions, separate legal liability under the Enforcement and Bankruptcy Law, making payments regularly and in a documentable way (such as bank transfer) is a choice that protects the parties in terms of future proof.

A divorce action based on adultery must be filed within 6 months of learning of the adultery and, in any event, within 5 years of the act. If the deadline has passed, the action may instead be based on the irretrievable breakdown of the marriage.

If there is a suspicion of asset concealment that would jeopardize the liquidation of the matrimonial property regime, you can ask the court under TMK Art. 199 to restrict the other spouse's power of disposal over assets. Having bank account movements and title deed records established at an early stage is decisive in proving the concealment attempt.

During the proceedings, the judge may, upon a party's request, decide as an interim measure to whom the family home will be allocated; the stability of the child's environment and the parties' safety are the priority criteria in that decision. In addition, under TMK Art. 194, the family residence annotation prevents the home from being sold or mortgaged by one spouse without the other's consent.

Under TMK Art. 173, a divorced woman, as a rule, resumes her pre-marriage surname; however, if she proves that keeping the married surname will not harm her former husband and she so requests, the judge may allow her to continue using it. This request must be raised within the divorce case or asserted separately after the judgment becomes final.

Yes. If a significant change occurs in the parties' economic and social circumstances after the protocol is signed (losing a job, remarriage, a serious health problem, and the like), a separate action can be brought to increase, reduce, or abolish the alimony; for child support, the change is assessed on the basis of the child's needs.

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