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How to Get Divorced in Turkey?
Divorce is an emotionally challenging process that requires careful consideration and understanding of the legal framework in each country. In Turkey, family law governs divorce procedures, ensuring that the rights and interests of both parties are protected during the dissolution of a marriage.
This article aims to provide a comprehensive overview of the divorce procedures in Turkey, shedding light on the essential aspects individuals should be aware of when seeking a divorce.
Turkish Family Law & Divorce Regulations
Turkey legally recognizes marriages executed in Turkey. Marriage is registered at a local Vital Statistics Office (Nufus Dairesi). In Turkey, all family records are recorded in the Vital Statistics office which was the original home to the family. Even if no one currently lives in that area, births, marriages, divorces, and other events are recorded in this one location.
In the event the marriage was executed in another country, the marriage may be registered through the nearest Turkish consulate. The Turkish Consulate will forward the documents to the office that handles that family record book.
Understanding Turkish Family Law
Turkish family law forms the foundation for divorce procedures in Turkey. It is primarily based on the civil law system, which means that the laws are codified and govern specific aspects of family relationships, including marriage and divorce. The relevant legislation for divorce procedures can be found in the Turkish Civil Code and the Turkish Code of Civil Procedure.
Eligibility for Divorce
Before initiating divorce proceedings, it is crucial to understand the eligibility criteria for obtaining a divorce in Turkey. Both spouses must meet certain requirements, such as being married for a minimum duration and demonstrating irreconcilable differences that have led to the breakdown of the marriage.
Types of Divorce in Turkey
Turkish family law recognizes two main types of divorce: consensual divorce (anlaşmalı boşanma) and contentious divorce (çekişmeli boşanma).
- Consensual Divorce: This type of divorce occurs when both spouses mutually agree to end their marriage and are willing to cooperate in settling issues such as alimony, child custody, and division of assets. Consensual divorce is generally a faster and less expensive process.
- Contentious Divorce: In cases where one or both spouses are unwilling to agree on the terms of divorce, a contentious divorce may be pursued. This type of divorce can be more time-consuming and emotionally taxing, as it involves resolving disputes through legal proceedings.
Divorce Procedures in Turkey
Filing a Divorce Petition: The divorce procedure begins with one of the spouses filing a divorce petition at the local Family Court (Aile Mahkemesi) where they are registered. The petitioner should provide relevant information, grounds for divorce, and desired arrangements for alimony, child custody, and asset division.
Court Proceedings: During the court proceedings, both parties present their arguments and evidence supporting their claims. The court assesses all relevant factors, including the best interests of any children involved, and makes decisions on alimony, child custody, and asset division if the spouses cannot reach an agreement.
Child Custody and Support
In Turkish divorce proceedings, the well-being of any children from the marriage is a primary concern. Child custody decisions are made based on the child’s best interests, and both parents have the right to maintain a relationship with the child unless the court deems it harmful.
Child support is another crucial aspect that is determined during the divorce process. The court calculates child support based on the financial capacity of each parent and the child’s needs.
Division of Assets
During divorce, the division of marital assets is determined by Turkish family law principles. In case the spouses cannot agree on the division, the court intervenes and distributes assets equitably based on various factors, including financial contributions and other circumstances.
Grounds to Get Divorced in Turkey
Chapter 2 of the Turkish Civil Code provides the following possible grounds for filing court cases for a divorce or separation in Turkey:
- Adultery, Maltreatment, a threat to life, severe insult
- Committing a crime that degrades the integrity or the prestige of the other party
- Deserting home: If one of the parties leaves home and does not return for at least 6 months without showing a valid reason and also does not respond to the Judge’s warnings, the deserted spouse may open a court case for a divorce. The party who has forced his/her spouse to leave home or who prevents the return of the spouse without any valid reason is also considered to have deserted his/her home.
- Mental illness: If one of the parties has a mental problem that is confirmed by an official medical committee report that it cannot be treated, a court case for a divorce can easily be opened.
- Incompatibility: Though this is the widest area of grounds for opening divorce cases, Defendant has the right to reject a court case if Plaintiff is found to be more at fault. If the judge, however, decides that the right of rejection is being exploited and that there is no benefit for the Defendant and the children in maintaining the marriage, a decision for divorce can be made.
If the marriage has lasted for at least one year and a joint application for divorce is made, or a court case filed by one spouse is accepted by the other spouse, the marriage is considered to be impaired.
Reach us for How to Get Divorced in Turkey?
Consultixa Law is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s family law & divorce. Since 1992, our lawyers have been helping clients with complex legal challenges and maximizing opportunities for success.
Our law firm is now one of the leading family law & divorce law firms in Istanbul, Turkey. You may reach us to Get Divorced in Turkey through our Contact page.