Divorce in Turkey can be complex for foreigners and expats, especially when children, property, or international legal elements are involved. Whether you're an expat living in Turkey or a foreigner married to a Turkish citizen, having a trusted English Speaking Turkish Lawyer is essential. At ER&GUN&ER, our Turkish Law Firm provides legal representation for all types of divorces involving foreign nationals. This guide outlines the legal process, strategic considerations, and what to expect during a divorce in Turkey.
Can Foreigners Get Divorced in Turkey?
Yes. Foreign nationals can file for divorce in Turkey if either spouse resides in Turkey or if the marriage was conducted under Turkish law. Turkish courts can also recognize and enforce foreign divorce decisions through a recognition (tanıma) or enforcement (tenfiz) process.
Types of Divorce Proceedings in Turkey
1. Uncontested Divorce (Anlaşmalı Boşanma)
Faster and less costly. Both parties agree on all matters (property division, custody, support) and submit a written protocol. Only available if the marriage is older than 1 year.
2. Contested Divorce (Çekişmeli Boşanma)
Filed when one party does not agree to divorce or there’s a disagreement on custody, property, or fault. These cases may last 12–24 months depending on complexity.
Grounds for Divorce Under Turkish Law
- Adultery
- Abuse or physical violence
- Abandonment (for more than 6 months)
- Mental illness (documented)
- Criminal conviction or dishonor
- Irretrievable breakdown of marriage (most common)
Documents Required for Divorce in Turkey
- Marriage certificate or notarized copy
- Valid passports and ID copies
- Proof of residency (if applicable)
- Divorce protocol (for uncontested cases)
- Notarized Power of Attorney (if represented by a lawyer)
Child Custody and Parental Rights
Turkish courts prioritize the child’s well-being. If the child resides in Turkey, custody decisions are made under Turkish law. Foreign parents may obtain joint or sole custody, visitation rights, and international travel consent terms.
Alimony and Financial Support
There are 3 types of support:
- Temporary alimony: Paid during the court process
- Child support (nafaka): Determined based on the child's needs and parent's financial ability
- Spousal support: Granted in cases of financial disparity or fault-based divorce
Division of Marital Property
Default regime is shared property (edinilmiş mallara katılma). Assets acquired during the marriage are divided equally unless a pre/postnuptial agreement exists. Real estate, bank accounts, and even crypto assets may be subject to division.
Recognition of Foreign Divorce Judgments
If the divorce occurred abroad, it must be recognized by Turkish courts through a tanıma (recognition) or tenfiz (enforcement) procedure. Without this step, Turkish records will still show the parties as married.
How Our Turkish Law Firm Supports Foreign Clients
- Preparation and filing of divorce petitions in English and Turkish
- Full court representation with or without your physical presence
- Mediation and negotiation of uncontested divorces
- Litigation in complex contested cases
- Post-divorce services (custody enforcement, asset execution)
Frequently Asked Questions (FAQs)
- Can I get divorced in Turkey without attending court? Yes, with a power of attorney we can handle your uncontested or contested divorce remotely.
- Will my foreign marriage certificate be accepted? Yes, if apostilled or consular-verified and translated into Turkish.
- Can I get child custody if I live abroad? It depends on the child's residence and court evaluation of best interests.
- How long does a divorce take in Turkey? 1–2 months for uncontested; 1–2 years for contested cases.
- Can a foreign judgment be enforced in Turkey? Yes. We assist with recognition and enforcement (tanıma/tenfiz).
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Contact Our Family Law Team
Our English Speaking Turkish Lawyers have extensive experience representing expats and foreigners in family courts across Turkey. If you are seeking guidance or representation, contact the Best Lawyer in Turkey at our Turkish Law Firm today.