Divorce in Turkey can be legally complex, especially for foreign nationals or mixed-nationality couples. Whether you got married in Turkey or abroad, understanding the divorce process in Turkey for foreigners is key to protecting your rights regarding custody, alimony, and property division.
Can Foreigners Get Divorced in Turkey?
Yes. Foreign nationals can file for divorce in Turkey under Turkish law, especially if one or both spouses reside in Turkey or the marriage was registered here. Turkish family courts handle both contested and uncontested divorce cases.
Types of Divorce in Turkey
- Uncontested Divorce (Anlaşmalı Boşanma): Fast and efficient. Both parties agree on all terms including custody, alimony, and asset division.
- Contested Divorce (Çekişmeli Boşanma): Filed when parties disagree. Requires evidence, court hearings, and longer legal proceedings.
Divorce Grounds Recognized in Turkish Law
Under the Turkish Civil Code, valid reasons for divorce include:
- Adultery
- Severe incompatibility or constant conflict
- Abandonment
- Domestic violence or ill-treatment
- Mental illness
Custody and Child Support (Vesayet & Nafaka)
In cases involving children, Turkish courts decide custody based on the child's best interest. Child support (nafaka) is calculated based on the financial capability of the parent and the needs of the child.
Division of Property
Unless a prenuptial agreement exists, the default regime in Turkey is the participation in acquired property model. This means assets acquired during the marriage are subject to equal sharing, with some exceptions.
Recognition of Foreign Divorce Judgments in Turkey
If you were divorced abroad, the decision must be recognized (tanıma) and sometimes enforced (tenfiz) in Turkey to update civil records and have legal effect.
Hiring an English-Speaking Divorce Lawyer in Turkey
Working with an English-speaking Turkish family lawyer is essential for clear communication and proper legal navigation. At ER&GUN&ER, we represent foreign nationals across Istanbul and Turkey in all divorce-related matters.
Frequently Asked Questions (FAQs)
- How long does a divorce take in Turkey? Uncontested divorces may finalize in 1–2 months. Contested cases can take 6–18 months or longer.
- Can I get divorced in Turkey if I married abroad? Yes, if at least one spouse resides in Turkey or if the marriage is registered in Turkey.
- Do both spouses have to be in Turkey for divorce? Not necessarily. One spouse can represent the other via a power of attorney (PoA).
- What happens to children in international divorces? Custody is determined by the court in accordance with the child’s welfare, even in cross-border contexts.
- Can I remarry immediately after divorce? Men can remarry immediately. Women must wait 300 days unless medically certified or waived by court.
- Are divorce cases public in Turkey? No. Family law cases are generally closed to the public for privacy reasons.
- Do I need a lawyer to file for divorce? While not mandatory, it’s strongly advised—especially for foreigners navigating language and legal system differences.
- What if I don’t agree to the divorce? The court will review evidence and can still grant divorce if grounds are proven under Turkish law.
At ER&GUN&ER Law Firm, our multilingual family lawyers provide full-service support for expats and international families in divorce, custody, and marital property cases.
Read our previous article: How to Hire a Lawyer in Turkey