DIVORCE GUIDE IN 30 QUESTIONS (2024 UPDATE)

The divorce process in Turkey can be emotionally and legally challenging for both parties. This guide, answering the 30 most frequently asked questions about divorce in Turkey, aims to provide guidance throughout the process.

However, it is essential to remember that divorce law requires legal knowledge and experience. In addition to its unique procedures, divorce law stands out from other branches of law due to its focus on public interest. Requests that conflict with the divorce provisions of the Turkish Civil Code can lead to the loss of rights. Therefore, it is crucial to seek support from an expert family law office in Turkey during the divorce process.

30 Frequently Asked Questions About Divorce in Turkey:

1- In which court is a divorce case filed in Turkey?

Applications for divorce in Turkey are made to Family Courts. In jurisdictions where no Family Court is available, Civil Courts of First Instance handle the case as Family Courts.

2- Where is a divorce case filed in Turkey?

The competent court in divorce or separation cases is the court of the residence of either spouse or the court where the spouses last lived together for six months before the filing.

3- How to file for divorce in Turkey?

Divorce proceedings begin by submitting a divorce petition to the Family Court. This petition should detail the grounds and reasons for divorce along with specific requests. Required fees must also be paid to the court, or the case will not be accepted as filed.

4- How to file a contested divorce case in Turkey?

A contested divorce is filed when no agreement is reached between the parties. Each party presents evidence and requests a decision from the court. Contested divorces are initiated by filing a divorce petition with the court, along with the necessary fees. If fees are not paid, the court will give a deadline for payment, warning that the case will be considered unfiled otherwise.

5- How to file an uncontested divorce case in Turkey?

An “uncontested divorce in Turkey” is filed when both parties agree on divorce and other related issues. The divorce protocol is submitted to the court, and the parties must personally appear at the first hearing to confirm their agreement.

6- Is it possible to file for divorce within the first year of marriage?

Contested divorce cases have no time restriction in Turkey and can be filed at any time. However, an uncontested divorce can only be filed after at least one year of marriage.

7- Is an attorney required for contested divorce cases?

Representation by an attorney is not mandatory in divorce cases in Turkey. However, the divorce process involves technical legal details, and an attorney’s guidance can help ensure a fair and smooth outcome.

8- Is an attorney required for uncontested divorce cases?

Although an attorney is not mandatory in uncontested divorce cases, preparing a divorce protocol requires legal knowledge and experience. Neglecting certain aspects of the protocol could have significant consequences.

9- How does a divorce become final in Turkey?

Divorce becomes final once the local court’s decision is upheld. If appealed, it is not considered final until the appeal court confirms the decision.

10- How long does a divorce case take?

The duration varies depending on the case type. Uncontested cases may conclude quickly, while contested cases take longer. In Turkey, a typical divorce case may take 3-4 years to reach finality with appeals included.

11- What are the steps in the divorce process?

Divorce proceedings in Turkey include preparing the petition, filing it, completing the petition exchange phase, court hearings, and the decision stage.

12- What are the grounds for divorce?

The Turkish Civil Code outlines grounds for divorce, including adultery, mental illness, attempted murder, and humiliating conduct.

13- What documents are required for divorce in Turkey?

Documents include the divorce petition, identification information of the parties, family registry records, and any supporting evidence.

14- What is a divorce reply petition?

The reply petition is a written defense submitted by the respondent, responding to the petitioner’s claims within two weeks of notification.

15- What are the conditions for uncontested divorce in Turkey?

For an uncontested divorce, both parties must agree on all matters such as compensation, alimony, asset division, and child custody.

16- How long does an uncontested divorce take, and is a single hearing possible?

Uncontested divorce cases can often conclude in a single hearing, usually within 2-3 months, depending on the court’s workload.

17- What is a contested divorce?

A contested divorce is initiated when the spouses cannot agree on matters like property division, custody, or alimony, requiring the court to make a ruling.

18- How many hearings does a contested divorce usually require?

The duration of contested divorce cases varies, but in Turkey, they typically conclude in 5-6 hearings.

19- What are the wife’s rights in a divorce case?

During divorce, a wife may seek financial support, alimony, asset division, and custody rights in Turkey. Additionally, if in need, she may receive temporary alimony until the case concludes.

20- Is it permissible to be in a relationship with someone else during a divorce case?

Engaging in a romantic relationship during divorce proceedings may lead to legal complications, as the marriage is legally ongoing until the divorce is finalized.

21- What are financial and emotional compensations in divorce in Turkey?

Financial compensation addresses economic losses, while emotional compensation seeks to redress emotional pain and suffering caused by the spouse at fault as divorce.

22- How is compensation requested in divorce cases?

Divorce compensation and alimony in Turkey is requested in the divorce petition and examined during the proceedings.

23- How is divorce compensation amount determined in Turey?

The divorce compensation amount depends on factors like economic status, marriage duration, and ages of the parties, evaluated by the court.

24- How is child support determined in a divorce case?

Child support in Turkey depends on economic circumstances, children’s needs, and each party’s age, health, and profession.

25- How can a divorce case be dropped?

A divorce case can be dropped if both parties agree or if the plaintiff withdraws. However, a withdrawal prevents reopening a case based on the same grounds.

26- What temporary measures are available during divorce?

Temporary alimony supports financially disadvantaged parties. Temporary custody orders determine which parent has custody during the case.

27- How much does a divorce case cost in Turkey?

The fees vary based on the claims. It’s recommended to consult your attorney or court for detailed information.

28- What is the cost of filing a divorce case in Turkey?

The fees are based on the requests in the divorce petition. Additionally, in 2024, the minimum attorney fee according to the Attorney Fee Tariff is 30.000 TL.

29- Can a sample divorce petition from the internet be used?

Using a sample petition from the internet may lead to the loss of rights, as each case is unique and requires a properly tailored petition.

30- Does a divorce case appear on the e-government portal?

Divorce cases are accessible on the e-government portal, allowing parties to track documents and submit requests electronically.