Divorce law in Turkey is regulated under the Turkish Civil Code and applies to both Turkish citizens and foreign nationals residing or married in Turkey. At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers provide strategic legal counsel for expats, dual nationals, and foreign spouses navigating divorce procedures in Turkey.
Types of Divorce in Turkish Law
- Uncontested Divorce (Agreed Divorce): Both spouses agree on all terms, including child custody, alimony, and property division.
- Contested Divorce: One spouse disagrees or refuses to cooperate. Litigation is required to resolve disputes.
Grounds for Divorce
The Turkish Civil Code lists specific legal grounds for divorce, including:
- Adultery
- Severe maltreatment or abuse
- Criminal behavior
- Desertion (for more than six months)
- Mental illness (with certified documentation)
- Irretrievable breakdown of the marriage (general clause)
Jurisdiction in International Divorce Cases
Foreigners can file for divorce in Turkey if at least one spouse resides in Turkey or the marriage was registered in Turkey. Our firm ensures proper handling of cross-border jurisdiction issues, including recognition and enforcement of foreign divorce decrees.
Child Custody and Parental Rights
- Custody is granted based on the child’s best interests
- Both parents retain visitation rights unless restricted by the court
- Joint custody is not legally recognized under Turkish law
Our lawyers help you build strong custody cases, especially in expat and multicultural family situations.
Alimony and Financial Support
- Temporary alimony: Awarded during ongoing litigation
- Spousal alimony: Based on financial need and fault
- Child support: Mandatory until the child reaches adulthood
Our Turkish Law Firm assists clients in determining fair financial arrangements that align with Turkish court standards and protect your long-term interests.
Division of Property in Turkish Divorce
By default, Turkey applies the “participation in acquired property” regime. This means property acquired during marriage is considered shared and subject to equal division. However:
- Pre-marital assets remain personal property
- Inheritance and gifts are excluded
- Parties may have a valid marital agreement (prenup/postnup)
How Long Does Divorce Take in Turkey?
- Uncontested divorces: May conclude in one or two hearings
- Contested divorces: Typically take 6 months to 2 years
Timelines depend on evidence, expert reports, and court workload. We proactively manage timelines to avoid unnecessary delays.
Can I Divorce Without Attending Court in Turkey?
Yes. With a notarized Power of Attorney, our lawyers can represent you in court, even if you are not in Turkey. This is especially useful for expats and foreign nationals living abroad.
FAQ – Divorce Law in Turkey for Foreigners
- Can foreigners divorce in Turkey? Yes. If the court has jurisdiction based on residence or marriage location.
- Can I use my foreign divorce in Turkey? Yes, after a recognition lawsuit (Tenfiz davası).
- Is it possible to get custody of my child if I live abroad? Yes, depending on evidence, environment, and child’s welfare.
- Are prenuptial agreements valid in Turkey? Yes, if properly executed and notarized under Turkish law.
Internal Resources and Related Guides
- Family Law in Turkey
- Inheritance in Divorce
- Residence Permit After Divorce
- Citizenship by Marriage & Divorce
Contact the Best Lawyer in Turkey for Divorce Matters
Our team of English Speaking Turkish Lawyers provides efficient, confidential, and strategic legal services for divorce, custody, and financial disputes. Whether you are filing in Turkey or abroad, we represent your rights with precision and care.
