An uncontested divorce in Turkey, also known as consensual divorce, is a simplified legal procedure that allows spouses to end their marriage based on mutual agreement. Compared to contested divorces, this method is faster, less costly, and involves minimal conflict.
What Makes a Divorce Uncontested?
In an uncontested divorce, both spouses agree on all critical issues including:
- Division of property and assets
- Child custody and visitation rights
- Alimony or spousal support
- Child support
Under Article 166/3 of the Turkish Civil Code, a consensual divorce is available if the marriage has lasted at least one year and both parties jointly apply or one accepts the other’s lawsuit.
Legal Process for Uncontested Divorce
The process involves several steps:
- Legal Consultation: While not mandatory, hiring a divorce lawyer in Turkey ensures the process is carried out properly and efficiently.
- Mutual Agreement: Both parties must agree on all terms and sign a settlement agreement.
- Filing the Petition: The divorce petition and agreement are submitted to the local Family Court.
- Court Hearing: Both parties must attend the hearing where the judge reviews and approves the agreement.
- Registration: The finalized decree is registered with the Civil Registry Office.
FAQs About Uncontested Divorce in Turkey
Can foreigners get an uncontested divorce in Turkey?
Yes. If both or one of the spouses resides in Turkey, or if Turkish law applies under international agreements, they may proceed with divorce in Turkish courts.
Can we get an uncontested divorce with children involved?
Yes. However, the court will carefully evaluate whether the agreed parenting plan serves the best interests of the child.
How long does an uncontested divorce take?
Typically, 1 to 3 months depending on the court’s schedule and the accuracy of the submitted documents.
At Istanbul Lawyer Firm, our English-speaking Turkish lawyers offer guidance and representation throughout the uncontested divorce process to ensure your rights are protected and the proceedings run smoothly.
Read our previous article: Discrimination in the Workplace