Turkey’s Series of Divorce Questions

In order to file for a divorce in Turkey; one spouse must hold Turkish citizenship or if both of spouses are foreigners, they must be living in Turkey.

In accordance with Article 168 of the Turkish Civil Code, if the claimant (either the husband or wife) has an independent residential property in Turkey or has been living with his/her spouse for at least six (6) months before filing for divorce, the case can be filed to the Court where the husband or wife resides or where they have resided together. Any claimant who fulfils these criteria can file for a divorce in Turkey.

Divorce must be based on a specific ground and a Court’s judgment. The grounds for divorce are limited and are specified under Articles 161 to 166 of Turkish Civil Code. Having one ground is sufficient to file for a divorce in Turkey.

There two kinds of divorce grounds in Turkey:

1. Special grounds and
2. General grounds.

General grounds for divorce include the breakdown of marriage, divorce based on separation and consensual divorce. Special grounds for divorce are based on concrete facts and includes: Mental illness, adultery, cruelty, desertion (for a period exceeding six months), criminal conviction, addiction, and attempt on life, misbehaviour or indignity.

The breakdown of a marriage is the most common ground of divorce in Turkey. Under Turkish law, Turkish Courts will determine the fault party to make a decision for divorce, alimony and compensations.

Under Article 166/3 of the Turkish Civil Code, there is also consensual divorce without any investigation into a party’s fault if the marriage has lasted for at least one (1) year with the application of one party or with joint application. Parties are obliged to be present at the hearing for consensual divorce even if they are presented with their counsels. The Judge is obliged to hear spouses respective positions and evaluate and consider the divorce protocol signed by the parties to announce the divorce.

It must be highlighted that, custody and the personal relations between the child/ren and the non-custodian parent is considered as the public order in Turkey and the Judge can make any change on the protocol if s/he finds it against Turkish public order.

First, upon a party filing for a divorce, the Court will prepare a preliminary proceedings report and notify it to the defendant with the lawsuit petition and the petition stage starts. The divorce proceedings will proceed as written proceedings and the stage for petitions continue as follows; submission of the reply petition by the defendant; submission of the reply petition by the claimant against the defendant’s reply petition and the final petition is the second reply petition submitted by the defendant. The defendant has right to file a counter case with his/her first reply petition which is submitted to the file and can make counter requests such as the custody, the compensation etc.

After completing the petitions stage, the Court will determine the preliminary hearing date and will call parties to evaluate the grounds of the case and determine if there is any possibility for the parties to come to agreement. After this hearing, the Court will start to examine the grounds, reasons, and evidence.

In regards with the petitions stage, the reply petition gives right to the defendant to submit his/her replies and evidence in order to prove that the statements and the events stated by the claimant is not correct. If, the notification to the defendant is duly made in accordance with the articles of Turkish Notification Law and if the defendant does not submit their replies or represented by a counsel who can practice in Turkey, the petitions stage will be over.

After investigation of the social and economic situation of the parties, collection of the evidence including hearing witnesses, having the social expert report and evaluation of the custody if the child/ren exists; the Court will pass the oral statement stage where both parties will be called. The Court will announce the decision and the Court will have 1 month to write the detailed decision and then notify it to both parties. It must be highlighted that both parties have the right to appeal the decision within 2 weeks starting from the notification.

Personal participation is required should the divorce case is or will be held as consensual divorce and the Court is unable to determine if both parties have agreed on divorce with the submitted settlement agreement or if the signature below the agreement belongs to them without their presence.