When couples decide to get a divorce under Turkish Law, there are specific legal paths to follow depending on whether they agree on the terms of the separation. Pursuant to Article 166 of the Turkish Civil Code, divorce proceedings are categorized into uncontested divorce and contested divorce.

I. Contested Divorce

A contested divorce occurs when one spouse wants a divorce while the other objects, or when the parties fail to reach a mutual agreement regarding the financial and legal consequences of the divorce. In such cases, the family court judge decides on matters such as child custody, personal contact rights, alimony (maintenance), and material/moral damages after evaluating the evidence presented by both parties.

+ Child Custody

When determining child custody under Turkish law, the primary guiding principle of the courts is the "Best Interests of the Child." The child's age, educational needs, and social/psychological development are carefully evaluated. Although keeping siblings together is generally preferred in practice, each case is assessed on its individual merits. The court regulates the visitation rights of the non-custodial parent.

+ Types of Alimony (Maintenance)

  • Interim Alimony (Tedbir Nafakası): Temporary financial support ordered by the judge, ex officio or upon request, during the ongoing lawsuit for the spouse and children in financial need.
  • Poverty Alimony (Yoksulluk Nafakası): A spouse who will fall into poverty due to divorce may claim indefinite poverty alimony from the other party, provided that their fault is not heavier. This alimony terminates automatically if the recipient remarries, lives as if married de facto, or gains a regular income.
  • Child Support / Contribution Alimony (İştirak Nafakası): Financial support ordered to be paid by the non-custodial parent to contribute to the upbringing and education expenses of the children. It terminates automatically when the children reach the age of majority.

+ Material and Moral Damages

An innocent or less-at-fault spouse whose existing or expected material interests are damaged may claim material damages from the faulty party. Additionally, a spouse whose personal rights have been violated due to the divorce events may claim moral damages.

II. Uncontested Divorce

An uncontested divorce is a swift legal route available when spouses agree on all aspects of the dissolution of their marriage. An uncontested divorce protocol detailing custody, alimony, compensation, and asset division must be drafted and signed by both parties. Both spouses must personally appear before the court and confirm their free will during the hearing.

+ The One-Year Marriage Requirement (Mandatory Condition)

Under the Turkish Civil Code, it is a strict statutory requirement that the marriage must have lasted for at least one year for an uncontested divorce to be filed. If the one-year period has not been completed, the court cannot grant an uncontested divorce under any circumstances (including allegations of violence or mutual consent), and the parties must resort to a contested divorce proceeding.

III. Jurisdiction and Competent Court

The competent court for divorce cases is the Family Court. Jurisdiction lies with the court of the place of residence of either spouse or the place where they have lived together for the last six months prior to the lawsuit.

IV. Duration of Proceedings

While uncontested divorce hearings are typically concluded in a single session, contested divorce cases may take approximately 1.5 to 2 years due to evidence collection, witness testimonies, and expert evaluations.

Disclaimer: The information above is provided for general guidance only and does not constitute formal legal advice. Consulting a qualified attorney for specific legal disputes is strongly recommended.