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How to Divorce in Turkey

1) It is possible for foreigners married to a Turkish person to get divorced in Turkey if the

necessary conditions under turkish law is fulfilled. There are two scenarios in case of divorce

for foreign citizens in Turkey.


Scenario #1 : Marriage of a Turkish national and a foreign national

In case of a marriage of a Turkish and a foreign, it is possible for the foreign spouse to file a

divorce in their home country and the Turkish spouse can also file for divorce in Turkey.


Scenario #2 : Both spouses are foreign nationals living in Turkey

2) Foreign nationals living in Turkey also have the right to divorce in Turkey. In this case, the

applicable law (of which country) is stated in Article 4 of the Law on Private International Law

and Procedural Law. According to this;

a) For stateless persons and refugees its the place of residence; if there is no habitual

residence, the law of the country where they are located at the date of the lawsuit,

b) In case of a multiple citizenship with a Turkish nationality, the Turkish law is applicable

c) In case of a multiple citizenship with no Turkish nationality, the law of the state with the

closest relationship is applied.


3) The list the other conditions for foreigners to file a divorce case in Turkey as follows:

• The marriage must be registered with the Population Directorate.

• In order for the divorce to be concluded in Turkey and for the Turkish Law to be

implemented, at least one of the relevant divorce grounds in the Turkish Civil Code must

exist.

• It is necessary to follow the relevant case application procedure and apply to the civil court

• The divorce process must be completed in the competent court.


4) In Turkey, there are two types of divorce case; the contested divorce case and the

uncontested divorce case. As stated in the Turkish Civil Code, the following reasons may be

grounds for divorce:

• Adultery

• Ill-treatment, physical violence or attempted murder

• One of the spouses committing a crime

• Abandonment

• Mental illness

• The breakdown of the marriage


5) Parties wishing to divorce by agreement must meet the following conditions:

• The marriage must have lasted at least 1 year.

• An agreement must be drawn up and signed by both parties.

• Both spouses should be present before the judge and explain their mutual divorce decision.

In Turkey the divorce cases also covers decisions regarding custody, alimony, pecuniary and non-

pecuniary damages and property acquired during marriage. For this reason, we recommend that you

work with a professional lawyer while filing a divorce case in Turkey.

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