Procedure of divorce of foreign citizens in Turkey
Divorсe is one of the most common problems that foreign citizens address for consultation. In the case when the spouses are citizens of different countries, the divorce is carried out in accordance with the procedure provided for by the legislation of the country of their common residence. If the spouses live in different countries, the dissolution of the marriage is carried out in accordance with the procedure provided for by Turkish law.
If during the period of marriage the spouses did not have a child, did not purchase joint real estate or the parties did not register a joint business, the dissolution of the marriage will not take much time. At the same time, in the presence of at least one of the listed circumstances, it will be much more difficult and longer to terminate the marriage.
Traditionally, in Turkey, divorce is carried out exclusively through the judicial authorities. The court may decide on the dissolution of the marriage or on the temporary residence of the spouses separately from each other.
In Turkish legislation, the reasons for divorce are divided into private and general and are regulated by the Civil Code of the Republic of Turkey.
Among the common reasons for divorce:
– consent of both parties;
– separate residence for more than three years;
– serious conflict between spouses.
Private reasons for divorce:
– аn attempt on the life of a spouse;
– mental disorders;
– disrespectful attitude;
– shameful lifestyle, etc.
In such cases, the parties can also use the services of a lawyer, and their presence at the court hearing on the issue of divorce is optional.
There are two types of scenarios that foreign citizens filing for divorce in Turkey may face: оne of the spouses is a Turkish citizen, and the other is a foreign citizen (in this case, each of the spouses has the right to file for divorce in their own country, but if there is a court decision in one of the countries, you can recognize the same decision in another country).
Both spouses are foreigners living in Turkey. In such cases, you can file for divorce in Turkey, but the decision on divorce will be based on the law of the countries of which the spouses are citizens.
A foreigner can get a divorce by issuing a power of attorney to a lawyer and at the same time he does not need to come to Turkey.
If a foreigner is located outside Turkey and at the same time wants to issue a power of attorney for a lawyer, it is necessary to contact the consular department of the Republic of Turkey of the country of residence of the foreigner or foreigner.
If a foreign citizen decided to divorce and filed for divorce and left the territory of Turkey or left without submitting an application, in this case, the already long divorce procedure is delayed for a long time. If the interests of the foreigner are represented by a lawyer, the process will continue without the presence of the foreigner.