Divorce in Turkey: A Legal Guide for Foreigners

For foreigners living in Türkiye or married to Turkish citizens, understanding the specifics of local divorce law is critical to protecting your rights and interests. Turkish family law, governed by the Civil Code No. 4721, differs significantly from the legal norms of many other jurisdictions. Lack of familiarity with these nuances often leads to loss of property rights, restricted access to children, or the loss of legal residency status in the country.

Professional legal support during divorce proceedings ensures proper document preparation, the selection of appropriate legal grounds, competent presentation of evidence, and protection of rights regarding property and child custody — while minimizing time and financial costs. How divorce works in Türkiye and what foreigners should keep in mind is the focus of our new expert publication.

Fundamentals of Divorce Under Turkish Law

Turkish legislation provides two main categories of grounds for divorce: specific and general grounds.
Specific grounds for divorce are outlined in Articles 161–165 of the Turkish Civil Code and include particular acts committed by one spouse:

• Adultery — one of the most serious grounds, allowing the injured spouse to file for divorce immediately.
• Any act intended to cause death or serious harm to the other spouse.
• Cruelty or severe insult — this includes physical violence as well as systematic psychological pressure and degradation.
• Conviction for a crime incompatible with family life and harmful to the family’s honor.
• Persistent conduct violating moral or social norms.
• Abandonment of the family and failure to fulfill marital obligations for more than six months.
• Mental illness rendering cohabitation unbearable for the other spouse.

A general ground for divorce applies when marital life has become unbearable and the union has irreversibly broken down.

The burden of proof differs significantly depending on the chosen ground. When relying on specific grounds, the plaintiff must present compelling evidence of the spouse’s actions: documents, witness testimony, medical reports, photos, and videos.

For a general-ground divorce, the plaintiff must demonstrate a combination of circumstances proving that the marriage cannot continue: long-term separation, loss of mutual respect and trust. Turkish courts assess the irretrievable breakdown of the marriage based on an objective evaluation of all circumstances.

The duration of the divorce process in Türkiye, as well as potential compensation and court costs, depends directly on choosing the correct ground. This is why consulting an experienced Turkish attorney at the outset is essential for a successful outcome.

Types of Divorce

Turkish law provides two main procedures for dissolving a marriage, differing by the level of agreement between the spouses.

Divorce by Mutual Consent

A mutual-consent divorce is the fastest and least confrontational way to end a marriage. The procedure requires the following conditions:

• The marriage must have lasted at least one year at the time of filing the joint petition.
• Both spouses must appear in court in person and confirm their voluntary agreement to divorce.
• A written settlement must be submitted, resolving all essential matters.
• The judge must hear each spouse separately to ensure the decision is voluntary and that the settlement does not violate children’s rights or contradict the law.

Contested Divorce

A contested divorce is used when one party does not agree to the divorce or the spouses cannot reach an agreement on key issues.

Features of contested divorce:

• The plaintiff files a petition specifying the grounds and circumstances.
• The plaintiff bears the burden of proving these grounds.
• The process includes several court hearings, during which both sides are heard, evidence is examined, and expert evaluations may be ordered.
• The court must attempt reconciliation, especially when minor children are involved.
• The final decision addresses whether the plaintiff’s request is granted, assigns fault, and resolves property division, alimony, and custody matters. Under Turkish law, men and women have equal rights in divorce.

Jurisdiction and applicable law

Jurisdiction and the choice of applicable law in divorces involving foreigners are determined by Law No. 5718, adopted in 2007.

When can foreigners file for divorce in Turkish courts?

Turkish courts may handle divorce cases if:

• One spouse is a Turkish citizen.
• Both spouses reside in Türkiye.
• The couple’s last common residence was in Türkiye.
• The applicant has lived in Türkiye continuously for at least 12 months before filing.
• Divisible property belonging to the spouses (such as real estate) is located in Türkiye.

A sequential system determines applicable law:

• If both spouses share the same citizenship, the law of that country applies.
• If they have different citizenships but reside together in one country, the law of their residence applies.
• If no common residence exists, the court applies the law most closely connected to the marriage.
• Turkish law applies when the applicable foreign law cannot be determined.
• Important exception: If applying foreign law would contradict fundamental principles of the Turkish legal system, Turkish law prevails.
• If the couple owns real estate in Türkiye, Turkish courts have exclusive jurisdiction over dividing such property regardless of citizenship or residence.

Procedures, Stages, and Timelines

Divorce in Türkiye follows clearly defined stages:

Stages of the divorce process

1. Filing the petition and paying court fees. The petition is submitted to the Family Court at the residence of either spouse.

Required documents:

• Petition or joint divorce statement
• Marriage certificate
• Passports/ID
• Proof of residence
• Children’s birth certificates (if applicable)
• Settlement protocol (for mutual-consent divorce)
• Evidence supporting the grounds for contested divorce
• Property documents

2. Acceptance of the case and scheduling the first hearing

3. Notifying the respondent

4. Preliminary hearing to determine positions, reconciliation prospects, and deadlines for evidence

5. Main hearings with examination of evidence, witness testimony, and expert evaluations

6. Court decision

7. Finalization after the appeal period

8. Registration of the divorce with civil registry authorities

A qualified attorney ensures:

• Proper drafting of the petition
• Collection and organization of evidence
• Verification and legalization of foreign documents
• Representation in all hearings and procedural actions
• Development of a legal strategy tailored to the case

A mutual-consent divorce typically takes 1–2 months.
A contested divorce lasts 6 months to 3–4 years, depending on complexity and court workload.
The appeal period is two weeks from receipt of the decision.

Cost of divorce in Türkiye depends on multiple factors, including case complexity and property issues.

Property Division and Marital Regime

Property division in Türkiye is governed by the default regime of “participation in acquired property,” which applies unless a prenuptial agreement specifies otherwise. Each spouse’s acquired property is calculated, and any surplus is divided equally. The spouse who contributed less is entitled to half the difference.

Couples may choose a separation-of-property or community-of-property regime through a notarized marital agreement, executed before or during the marriage.

Compensation in divorce:

1. Material compensation — awarded to the innocent party for moral loss, such as hindered career development or child-rearing expenses.
2. Moral compensation — awarded for non-material harm such as emotional or physical abuse, infidelity, or public humiliation. Courts determine the amount based on fairness.

Child Custody, Alimony, and Post-Divorce Rights

Issues involving minor children are prioritized by Turkish courts. Turkish family law follows the principle of the child’s best interests and does not generally recognize joint custody after divorce.

The “best interests” principle includes evaluation of:

• Emotional bond
• Ability to provide care
• Health of parents
• Lifestyle and moral conduct
• Age and gender of the child
• Opinion of children aged 12+
• Ability to maintain a stable environment

Foreign citizenship does not affect custody decisions.

Under Turkish law, both parents must contribute financially according to their means.
As of 2025, minimum alimony typically ranges from 20–30% of monthly income, often higher depending on circumstances.
Alimony is paid until age 18, or until 25 if the child continues education.
Failure to pay may result in asset seizure, travel restrictions, or criminal liability.

Considerations for Foreigners

Foreigners holding a family residence permit based on marriage must note the consequences of divorce:

1. If the marriage lasted less than three years, the family residence permit becomes invalid after divorce. The foreign spouse must notify immigration within 10 days and either leave Türkiye or apply for another permit.
2. If the marriage lasted three years or more, the foreign spouse may apply for a short-term residence permit.
3. If the couple has a Turkish citizen child, the foreign parent is entitled to a family residence permit regardless of marriage duration.
   Recognition of foreign divorce decisions is required for legal validity in Türkiye.

Recognition can be automatic if a relevant treaty exists, or judicial if not.
The process requires filing a recognition petition with an apostilled and certified copy of the divorce judgment and a notarized Turkish translation.

All foreign-language documents must be translated by sworn translators. Apostille is required for Hague Convention countries; others require consular legalization. Parties with limited Turkish proficiency are entitled to a free court interpreter.

Common Mistakes and Legal Risks

Foreigners frequently make errors that lead to substantial losses, such as missing deadlines, poorly formulated claims, insufficient evidence, selecting incorrect grounds, or failing to document property.
Emotional pressure may lead one spouse to accept low alimony or reduced visitation rights.
Failure to notify immigration authorities often results in deportation and entry bans.

Property-related risks include:

• Concealment of assets
• Difficulty enforcing judgments abroad
• Undervaluation of businesses
• Incorrect allocation of shared debts

A qualified Turkish attorney plays a vital role by evaluating the case, identifying strengths and weaknesses, developing strategy, preparing evidence, calculating compensation, filing motions, obtaining documents, anticipating the opposing party’s actions, representing the client in hearings, and ensuring enforcement and registration.

Divorce in Türkiye for foreigners is a complex legal process requiring knowledge of Turkish family law, private international law, and procedural rules.
Typical mistakes include incorrect choice of grounds, inadequate documentation, lack of legal representation, and missed deadlines — all of which may result in loss of property, restricted access to children, or issues with residency status.
Professional legal support ensures not only procedural accuracy but the creation of an effective strategy to protect your interests at every stage.

If you are facing divorce in Türkiye, contact Tuncay & Barcin Law Office in Alanya for professional guidance. Avoid situations where legal misunderstandings could jeopardize your future. Reach out today to receive qualified support and protect your rights.