Divorce Lawsuit Procedure

Türeli & Ceylan Attorney-at-Law – Family Law Services

How does the divorce process work in Türkiye? What are the legal steps to initiate a divorce, and why is it important to be represented by a lawyer?
In this article, we explain the divorce procedure under the Turkish Civil Code, outline the relevant legal grounds, and provide guidance on how to protect your rights throughout the process.

What Is a Divorce Case?

A divorce case is a legal proceeding before the family courts that seeks the dissolution of a marriage.
According to the Turkish Civil Code, divorce can be based on general grounds such as irreconcilable differences or specific legal reasons (e.g., adultery or abandonment).
Divorce grounds are regulated under Articles 161 to 166 of the Turkish Civil Code (TCC).

1. Types of Divorce Cases

A. Uncontested Divorce (TCC Art. 166/3)

• The marriage must have lasted at least one year.
• Both spouses must reach full agreement on all divorce-related issues and submit a written divorce protocol.
• The parties must apply jointly or one party must file while the other gives consent during the hearing.
• The judge personally listens to both parties to verify their free and informed consent.
• Generally concluded in a single hearing.

B. Contested Divorce (TCC Art. 166/1-2)

• Initiated when no agreement exists between the spouses.
• Based on the breakdown of the marital union.
• The plaintiff must prove fault, supported by evidence and witnesses.
• The process is more complex and lengthy.

C. Special Grounds for Divorce

• Adultery (Art. 161)
• Attempt on life, severe abuse (Art. 162)
• Criminal conduct, dishonorable lifestyle (Art. 163)
• Abandonment (Art. 164)
• Mental illness (Art. 165)

2. How to File for Divorce

A. Drafting the Petition
A divorce petition must clearly state the demand for divorce, the legal grounds relied upon, and the supporting evidence.
The petition must be based on legitimate reasons under the Civil Code.

B. Filing with the Family Court
The competent court is the Family Court located in the district where the couple last resided together for at least six months (Code of Civil Procedure, Arts. 6 and 12).

C. Court Proceedings

• A preliminary hearing is held where both parties submit evidence.
• The judge may hear witnesses and appoint experts if necessary.
• If there are children, the court considers custody, visitation, and maintenance.
• A final decision is issued based on the evidence.

3. Required Documents for a Divorce Case

• Copy of national ID
• Copy of marriage certificate
• Divorce petition
• Divorce protocol (for uncontested divorces)
• Witness list (if applicable)
• Digital evidence (WhatsApp messages, emails, videos, etc.)

Evidence rules are regulated under Articles 187 to 200 of the Code of Civil Procedure.

4. How Long Does a Divorce Take?

• Uncontested Divorce: May be concluded in 1–2 weeks with correct documentation
• Contested Divorce: May take 6 months to 2 years, depending on complexity

Duration varies based on number of witnesses, need for expert opinion, and whether minor children are involved.

5. Is It Mandatory to Hire a Lawyer?

No, legal representation is not mandatory, but working with an experienced family lawyer is highly recommended.
Even minor procedural mistakes can lead to loss of rights.

A divorce lawyer can assist with:

• Proper drafting of the divorce petition
• Presenting evidence in compliance with legal standards
• Responding effectively to the other party’s claims
• Protecting rights related to alimony, compensation, and custody

Legal representation is allowed under Art. 71 of the Code of Civil Procedure.

6. Legal Consequences of Divorce (Under the Turkish Civil Code)

Divorce-related consequences are set out in Articles 174 to 182 of the TCC, including:

• Material and moral compensation (Art. 174)
• Spousal maintenance (poverty alimony – Art. 175)
• Child support (Art. 182)
• Custody of minor children (Art. 182)
• Name change upon divorce (Art. 173)

7. What Türeli & Ceylan Offers

• Representation by experienced family law attorneys
• Drafting of uncontested divorce protocols
• Effective presentation of custody and alimony demands
• Close follow-up of court proceedings
• Swift and professional service across Istanbul and nearby cities

Frequently Asked Questions (FAQ)

Q: Can I file for divorce before completing one year of marriage?
A: Yes, but only a contested divorce can be filed. Uncontested divorce is not possible (TCC Art. 166/1).

Q: Can I claim compensation from my spouse after divorce?
A: Yes. The spouse who is not at fault or less at fault may claim material and moral damages (TCC Art. 174).

Q: I want custody of my child. What factors does the court consider?
A: The court always considers the best interests of the child. Factors include the parents’ living conditions, the child’s age, and specific needs (TCC Art. 182).