Turkey recognizes only those marriages, which are registered at a local Vital Statistics office. And if spouses decide to divorce they need to get a Turkish court decision. A divorce granted abroad does not take effect in Turkey by itself: it has to be recognized through a separate court case, and since 2018 a simplified route through the registry office has been available when both spouses apply together.
Content:
- What can be a ground for a divorce in Turkey?
- Two types of divorce: consensual and contested
- The stages of the procedure
- Division of property
- Alimony and maintenance
- Child custody
- What a foreigner should keep in mind
- Popular questions
What can be a ground for a divorce in Turkey?
According to the Turkish family legislation which is regulated by the Turkish Civil Code, spouses can divorce if one of the spouses:
- has a sexual relationship with another person;
- has a mental illness (except serious incurable illnesses). The illness must be verified by any official medical committee;
- has left the family without any valid reason for at least six months;
- is provoking or forcing suicide;
- is misbehaving (serious misbehavior includes mental and physical cruelty, torture, etc.);
- is living a dishonorable life (any kinds of delinquency: smuggling, rape, robbery, etc.).
These are special grounds for divorce. There are also several general grounds. Breakdown of marriage (a serious and violent conflict between the spouses) and consensual divorce are among them. In case of the consensual divorce, the spouses must have lived together for at least one year. Living apart for more than three years is a general ground as well. The Turkish Court may give a three-year period for separation. If the spouses are still not willing to live together, the Court gives a final divorce decision.
Two types of divorce: consensual and contested
The type of the case determines how long it takes, how much it costs and how many times the spouses have to appear in court.
A consensual divorce, anlaşmalı boşanma in Turkish, is possible when the marriage has lasted at least a year and the spouses have agreed on everything: custody, alimony, division of property and compensation. The agreement is drawn up in writing and filed together with the claim, and both spouses have to attend the hearing in person. Such a case is normally closed in a single hearing.
A contested divorce, çekişmeli boşanma, starts when there is no agreement on at least one point. The court examines evidence, questions witnesses, orders expert opinions, and either party may appeal. Cases of this kind run considerably longer, and property matters are often heard as a separate claim.
| Parameter | Consensual | Contested |
|---|---|---|
| Requirement | At least a year of marriage and full agreement | A claim by one spouse is enough |
| Attendance | Both spouses in person | Possible through a lawyer under a power of attorney |
| Number of hearings | As a rule one | From several to dozens |
| Duration | Usually a few months | A year and longer, appeal included |
| What the court decides | Approves the ready agreement | Establishes fault, custody, alimony and division |
The stages of the procedure
The claim is filed with the family court, Aile Mahkemesi, at the place of residence of one of the spouses or at their last joint address. The procedure comes down to three steps.
- Drawing up the divorce claim with the grounds and the demands stated in it;
- preparing an agreement that covers custody and parental rights, alimony and compensation, financial and property matters;
- filing the claim with the court, the hearing and the final decision. If one spouse is the initiator, the other one is notified, the claims are heard, and only then the court issues its verdict.
The decision does not take effect immediately: the parties are given time to appeal, and only after that the divorce is entered in the civil registry.
A woman may not enter a new marriage for 300 days after the divorce. The rule is still in force in 2026 - the Constitutional Court examined a request to annul it and turned it down. The waiting period is lifted by a separate non-contentious case on the basis of a medical certificate confirming there is no pregnancy, and such a case is usually heard within two to six weeks.
Division of property
Since 1 January 2002 the default matrimonial regime in Turkey is participation in acquired property. The logic is simple: what was earned during the marriage is divided, not everything the spouses own.
- Property acquired during the marriage is split in half, real estate, cars and savings included;
- what belonged to a spouse before the marriage, as well as gifts and inheritance, is not divided;
- neither is property bought with personal funds to replace pre-marital assets, if that can be proved with documents;
- marriages concluded before 2002 fall under the earlier regime of separate property unless the spouses chose otherwise;
- the spouses may sign a marriage contract before a notary and agree on a different regime.
It matters whose name the real estate is registered in: ownership is confirmed by the TAPU, and a disputed property is dealt with separately from the divorce itself. What this document contains and what to check in it is explained in our article on the TAPU.
Alimony and maintenance
Turkish law distinguishes three kinds of payments, and they should not be confused.
Interim alimony, tedbir nafakası, is awarded for the period while the case is going on, to support the spouse and the children.
Maintenance for the former spouse, yoksulluk nafakası, goes to the party who will be left in need after the divorce, provided that their fault is not greater than the fault of the other spouse. The law sets no time limit, but the payments stop if the recipient remarries.
Child support, iştirak nafakası, is paid by the parent the child does not live with, until the child comes of age, and longer if the child continues studying. The court sets the amount according to the income of the parents and the needs of the child and indexes it every year.
"The most common mistake foreigners make is to assume that the division of property is automatically part of the divorce case. In Turkey it is a separate claim: if it is not filed, the court will not consider it," a family lawyer explains.
Child custody
The Turkish court also rules on the issues of the child custody in the divorce cases. If there are underage child in the family, the court decides who will take custody of the child. The court decision is usually based on the possibility of the parent to offer a better life to the child, to give him or her better education, etc. There is no formal age rule, but in practice younger children more often stay with the mother. The other parent keeps the right to see the child, and the schedule of the meetings is set out in the court decision.
What a foreigner should keep in mind
A divorce in Turkey is possible even when both spouses are foreigners, but there are a few practical points.
The language of the hearing. All hearings are held in Turkish, and a party who does not speak it is assigned a sworn interpreter by the court.
Documents. A marriage certificate issued abroad is needed with an apostille and a sworn translation.
Recognition at home. A Turkish divorce decision is valid abroad once an apostille is affixed, and some countries require a separate recognition procedure through their own courts.
Residence permit. A family ikamet is tied to the marriage, so the ground for it disappears after the divorce. The exception is a permit obtained through marriage to a Turkish citizen, which stays valid. In other cases the status has to be changed to another ground, which is covered in our article on the ikamet in Turkey.
Citizenship. If the passport was obtained through marriage and the marriage is found to be fictitious, the citizenship may be revoked. In a genuine marriage a divorce does not affect the citizenship already granted.
Popular questions
How long does a divorce in Turkey take?
A consensual divorce usually takes a few months and is closed in a single hearing. A contested case runs a year and longer, especially if the decision is appealed.
Can one divorce without being in Turkey?
In a contested case a lawyer may represent a party under a power of attorney. In a consensual divorce both spouses have to attend the hearing in person.
How is property divided?
What was acquired during the marriage is split in half. Pre-marital property, inheritance and gifts are not divided. The claim for division is filed separately, otherwise the court will not consider it.
Is the 300-day rule still in force?
Yes. A woman may not remarry within 300 days of the divorce, but the court lifts the period on the basis of a medical certificate confirming there is no pregnancy. Such a case is heard within two to six weeks.
Is a divorce granted abroad valid in Turkey?
Not automatically. It has to be recognized, either through a court case or, when both spouses apply together, through the registry office.