A contested divorce in Turkey is a legal proceeding where one or both spouses disagree on the divorce itself, its underlying grounds, or the consequences such as alimony, custody, property division, or compensation. Unlike uncontested divorce, where both parties sign an agreement, a contested divorce requires formal litigation before Turkish Family Courts and proceeds under strict procedural and evidentiary rules governed by the Turkish Civil Code (Türk Medeni Kanunu - TMK) and the Code of Civil Procedure (Hukuk Muhakemeleri Kanunu - HMK).
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers represent clients—both Turkish and foreign nationals—in complex divorce cases involving high-value property, international custody disputes, hidden assets, and psychological abuse claims. As the best lawyer firm in Turkey for contested divorce litigation, we build strategic case files, manage pretrial procedures, and litigate in Istanbul, Ankara, Antalya, Izmir, and all Turkish Family Courts.
Legal Basis for Contested Divorce in Turkey
The legal framework for divorce in Turkey is governed primarily by Articles 161 to 184 of the Turkish Civil Code (TMK). A contested divorce case may be initiated on one of the following grounds:
- Adultery (zina) – TMK 161
- Attempt against life, cruel treatment or serious insult – TMK 162
- Criminal behavior or dishonorable conduct – TMK 163
- Abandonment – TMK 164
- Mental illness – TMK 165
- Irretrievable breakdown of marriage – TMK 166/1
Each of these grounds has specific procedural conditions and time limitations. For example, adultery must be proven and the lawsuit must be filed within 6 months of discovering the event. Our Turkish Law Firm ensures that your petition is legally grounded, timely filed, and supported by admissible evidence.
Initiating a Contested Divorce Lawsuit in Turkey
The process begins with the filing of a lawsuit in the competent Family Court based on the defendant’s residence or the last shared marital residence. The plaintiff must submit:
- A detailed petition (dava dilekçesi) outlining the legal ground for divorce
- All documentary evidence (e.g., messages, photographs, medical reports, police complaints)
- List of witnesses (if applicable)
- Interim relief requests (e.g., precautionary alimony, custody arrangements, eviction)
After the initial petition, the defendant files a written response, and both parties may submit counterclaims and evidence lists. A preliminary hearing is held to set the trial framework. Our English Speaking Turkish Lawyers prepare full litigation files, including witness preparation, expert opinions, and motions to safeguard our clients’ financial and parental interests.
Common Disputes in Contested Divorce Cases
Contested divorce cases often go beyond the core issue of whether the marriage should end. Most lawsuits include multiple claims regarding:
- Custody of minor children: Determined based on the child’s best interest, parental suitability, and environment
- Alimony: Both temporary (during trial) and permanent spousal support may be requested
- Compensation: Non-pecuniary damages for honor or emotional distress under TMK 174
- Division of property: Assets acquired during the marriage are subject to equal division unless otherwise agreed
- Eviction from family residence: Courts may grant exclusive use to one spouse with or without ownership rights
Our Turkish Law Firm builds comprehensive claim strategies, balances family protection with asset preservation, and represents clients in expert evaluations such as social assessments and child psychological interviews.
Witnesses and Evidence in Divorce Proceedings
In contested divorce cases, testimonial evidence is often critical. Witnesses may include friends, family members, neighbors, or third parties who can attest to domestic violence, neglect, abandonment, or incompatibility. The court evaluates:
- Credibility and relationship of the witness to the parties
- Consistency of witness testimony with submitted evidence
- Behavioral patterns over time
Our Turkish Law Firm conducts witness interviews in advance, prepares narrative outlines, and examines the psychological and factual strength of each testimony. We also manage digital evidence submissions—such as WhatsApp messages, location records, and audio—ensuring they meet standards for admissibility.
Divorce Proceedings Involving Foreign Citizens in Turkey
Foreign nationals residing in Turkey or married to Turkish citizens may file or be subject to divorce proceedings in Turkish Family Courts. The court will apply Turkish law as the governing legal framework unless a valid foreign marital regime applies. Key points include:
- Jurisdiction established by residence or citizenship of one party
- All pleadings and hearings conducted in Turkish
- Foreign documents (e.g. marriage certificates, police reports) must be translated and apostilled
- Consular officers may be notified depending on nationality and case scope
Our English Speaking Turkish Lawyers represent international clients in contested divorce matters and coordinate with consulates, interpreters, and expert translators for a seamless defense or claim strategy.
Appeal and Finalization Process
Once the Family Court issues a judgment in a contested divorce case, both parties may appeal to the Regional Court of Appeal (İstinaf) within 2 weeks of notification. If the decision is upheld or not appealed, it becomes final and executable. Following finalization:
- Civil registry updates are initiated
- Custody, alimony, and compensation orders are enforced
- Asset division and real estate transfers may be implemented
Our Turkish Law Firm prepares appeal briefs, requests stay of execution, and follows all post-judgment enforcement procedures, including applications before enforcement courts and social services.
Internal Legal Resources
- Uncontested Divorce in Turkey
- Alimony Rights in Turkey
- Child Custody Rights in Turkey
- Property Division After Divorce
- Finding a Family Lawyer in Istanbul
FAQ: Contested Divorce in Turkish Family Law
- Q1: How long does a contested divorce take in Turkey?
Typically 12–24 months depending on evidence, number of hearings, and complexity of property and custody claims. - Q2: Do I need a lawyer for a contested divorce?
Yes. Due to formal procedures, document filing, and courtroom advocacy, legal representation is highly recommended. - Q3: Can I get a divorce without the other party’s consent?
Yes, if you can prove legal grounds such as adultery, cruelty, or irreconcilable differences. - Q4: What if my spouse lives abroad?
Divorce can still proceed in Turkey. Service will be through international legal cooperation or consular channels. - Q5: Can I remarry immediately after a contested divorce?
Women must wait 300 days unless medically proven not pregnant. Men may remarry after finalization. - Q6: What if my spouse refuses to appear in court?
The court may proceed in their absence after valid notification. - Q7: Can I claim damages for mental suffering?
Yes. Under TMK 174, you may claim non-pecuniary damages. - Q8: What is the difference between contested and uncontested divorce?
Uncontested requires mutual agreement on all terms. Contested involves litigation due to disagreements. - Q9: Are foreign divorce decisions recognized in Turkey?
Yes, but only after applying for recognition/enforcement (tenfiz/tanıma). - Q10: How can a Turkish Law Firm help?
We prepare the case, represent you in court, and manage post-divorce enforcement and appeals.
Navigate Contested Divorce with Confidence and Legal Support from a Turkish Law Firm
Divorce is emotionally difficult and legally complex. When disagreements arise over fault, custody, finances, or reputation, a contested divorce becomes a full-scale lawsuit with long-term consequences. Without skilled legal representation, one party may lose access to their children, property, or rightful compensation.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers provide strategic litigation services across Turkey for contested divorce cases. As the best lawyer firm in Turkey for family law, we advocate for your rights, your children, and your future—whether in negotiations or before the Family Court.