Divorce is rarely easy, but navigating the dissolution of a marriage in a foreign legal system can be particularly daunting. In Turkey, if spouses cannot agree on the terms of the separation—such as child custody, alimony, or the division of assets—the case proceeds as a Contested Divorce in Turkey.
Unlike an Uncontested Divorce, which is concluded in a single hearing based on a mutual protocol, a contested divorce is a litigious process where the court must determine which party is at fault. At Aslan Duran Law Firm, our English-speaking family lawyers in Ankara specialize in guiding international clients through this complex process, ensuring their rights and financial interests are protected under the Turkish Civil Code.
What is Contested Divorce in Turkey?
A contested divorce in Turkey occurs when one spouse wants to end the marriage while the other does not, or when both parties agree to divorce but cannot reach an agreement on the consequences, such as:
Who will have custody of the children?
How much alimony (maintenance) will be paid?
Who keeps the marital home or how assets are divided?
Who is “at fault” for the breakdown of the marriage?
In these cases, the Family Court judge will examine the evidence, hear witnesses, and make a binding decision based on the facts.
Legal Grounds for Divorce in Turkey
To file for a contested divorce in Turkey, you must base your petition on specific legal grounds defined in the Turkish Civil Code (TMK). These are categorized into two groups:
Special Grounds for Divorce
These are specific acts that, if proven, constitute a direct reason for divorce.
Adultery (Zina): If one spouse cheats, the other can file for divorce. This is a strong ground that often leads to higher compensation.
Deliberate Attempt on Life or Maltreatment: Physical abuse or threats to life.
Desertion (Terk): If one spouse leaves the marital home for at least six months without a valid reason and refuses to return despite a court warning.
Crime and Dishonorable Life: If one spouse commits a humiliating crime or leads a dishonorable life that makes living together unbearable.
Mental Illness: If one spouse suffers from a mental illness that makes the marriage impossible to sustain, verified by a medical report.
General Grounds (Irretrievable Breakdown)
The most common ground used in Turkish courts is the “Irretrievable Breakdown of the Marriage Union” (Violent Incompatibility). If the conflict between spouses has reached a level where a common life is no longer expected or possible, either party can file for divorce. This covers issues like constant arguing, lack of communication, emotional violence, or insult.
The Procedure: What to Expect?
A contested divorce in Turkey (case) is a structured legal process that typically involves the following stages:
Filing the Petition: The plaintiff (the spouse filing for divorce) submits a detailed petition explaining the grounds for divorce and their demands (custody, compensation, etc.).
Exchange of Pleadings: The defendant has the right to submit a response. There is a second round of petitions where parties can reply to each other’s claims.
Preliminary Hearing: The judge reviews the case file, determines the points of dispute, and invites parties to settle amicably. If no settlement is reached, the case moves to investigation.
Investigation (Evidence Gathering): This is the longest phase. The court listens to witnesses, reviews bank records, requests expert reports (e.g., from pedagogues for custody), and examines other evidence like messages or photos.
Final Decision: After evaluating all evidence, the judge issues a verdict dissolving the marriage and ruling on ancillary matters like custody and alimony.
Also, You can read Recognition And Enforcement of Foreign Judgments in Turkey, regarding this matter.
Crucial Factors: Fault and Compensation
In Turkish divorce law, “Fault” (Kusur) is the key factor. The judge determines which spouse is more at fault for the end of the marriage.
Material Compensation: If the innocent (or less at fault) spouse suffers financial loss due to the divorce (e.g., loss of support), they can claim material damages.
Moral Compensation: If the events leading to divorce caused emotional distress (e.g., due to adultery or insults), the injured party can claim moral damages.
Note: A spouse who is found to be completely at fault cannot claim compensation from the other party.
Frequently Asked Questions by Foreigners
Do I need to be in Turkey for the divorce?
You do not necessarily need to be present for every hearing. You can authorize a Turkish divorce lawyer via a power of attorney issued at a Turkish Consulate or a notary public. Your lawyer can represent you throughout the process. However, in some cases, especially regarding custody, the judge may want to hear the parents personally.
How long does a contested divorce take?
Due to the workload of courts and the evidence gathering process, contested divorces in Turkey can take anywhere from 1.5 to 3 years. If the decision is appealed, this duration may extend.
What happens to our assets?
Turkey applies the “Participation in Acquired Property” regime. Assets acquired during the marriage are generally shared 50/50. However, “personal property” (inheritances, gifts, assets owned before marriage) remains with the original owner. (We will cover this in detail in our upcoming article on Property Division).
Why You Need an Expert Family Lawyer
Contested divorce cases are like chess games; a wrong move in your petition or a missed deadline can result in losing custody or paying unnecessary compensation. Especially for foreign nationals, overcoming the language barrier and understanding complex legal procedures requires professional support.
At Aslan Duran Law Firm, we provide compassionate and strategic legal representation to help you navigate this difficult chapter of your life.
If you are considering filing for divorce or have been served with divorce papers, contact us today for a consultation.
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