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Legalixa is an award-winning immigration law firm in Istanbul, Turkey with an exceptional success rate in almost every legal matter we have ever handled. Please contact our Turkish family lawyers and divorce attorneys to get divorced in Turkey.
Our Turkish family law lawyers also represent our clients in other family law issues including; contested divorce, uncontested divorce, alimony & compensation, child custody, child support, recognition of foreign divorce decree, and other family law litigation.
How to Get Divorced in Turkey?
In Turkey, an application for divorce is made to a family court with a petition. Mediation is not used in relation to divorces in Turkey. Under the Turkish Code of Civil Procedure, the court which has jurisdiction to deal with a divorce case is generally the court of the place where the parties are domiciled for the last six months. For these purposes, “domicile” means the place where they reside on a fixed and permanent basis.
When it comes to property disputes that arise out of a divorce case, different rules may apply. If the parties have, by the time of the property dispute, different domiciles (i.e. they’re permanently resident in areas covered by different courts), then the property dispute may be dealt with in the court where either of the parties is domiciled but, generally, the court that first took charge of the case will have priority and deal with the whole of the case.
The Process in Agreed Divorce
Our Turkish family lawyers and divorce attorneys will represent you to get divorced in Turkey. If the Parties are applying for a divorce on a “no-fault” basis, and they’ve been married for at least one year, the process can be very quick. There will usually be a written agreement between the parties consenting to the divorce and setting out what should happen to the couple’s assets and their children.
The judge may accept the terms of this agreement and simply grant the divorce, or they may vary the terms of the agreements in so far as they relate to what should happen to the children: where they live, financial arrangements for them, etc.
The judge may not vary the terms agreed about how the matrimonial property should be divided. An agreed divorce may be dealt with in as little as two weeks. Despite the fact that it is agreed, the Parties may appeal against the decision within 15 days.
Agreed Divorce in Turkey
If the marriage has lasted for at least one year and a joint application to get divorced in Turkey, or a court case filed by one spouse is accepted by the other spouse, the marriage is considered to be impaired. In such cases, the Judge listens to both sides and approves the agreement reached by the parties regarding the protection of the children and financial affairs.
The Judge has the authority to make any changes to the arrangements. If both parties consent to these changes, the divorce decision is given and the parties get divorced in Turkey.
If three years have elapsed from the date a divorce case is rejected and living together has not been established, the marriage is considered to be impaired and a divorce decision is given upon application to the court by either spouse.
The Process in Contested Divorce
Contested divorces are also dealt with by the family courts in Turkey. The Court that has jurisdiction is determined by the rules to get divorced in Turkey.
During the course of the divorce hearing, the Court will decide whether the alleged grounds for the divorce exist and justify the divorce in legal terms and it will also decide what shall happen to the couple’s assets and children.
The Court can also award the “innocent” party moral compensation for the behavior they have suffered or the stress they have been caused.
Turkish Divorce Regulations
Turkey legally recognizes marriages executed in Turkey. Marriage is registered at a local Vital Statistics Office (Nufus Dairesi). In Turkey, all family records are recorded in the Vital Statistics office which was the original home of the family. Even if no one currently lives in that area, births, marriages, divorces, and other events are recorded in this one location.
In the event the marriage was executed in another country, the marriage may be registered through the nearest Turkish consulate. The Turkish Consulate will forward the documents to the office that handles that family record book.
To terminate a legal marriage it is required to obtain a divorce decree from a Turkish family court. Divorce proceedings are generally open to the public. However, at the request of either party, a judge may choose to preside over a closed or private court case. Judges may also take temporary measures for the protection of the parties, their property, and the welfare of their children.
Reach us for How to Get Divorced in Turkey
Since its foundation, Legalixa Law Firm has been the choice of numerous clients in Turkey. We’ve always worked differently than other law firms. We are committed to remaining forward-thinking and preparing for the dynamically changing world of Turkish family law.
You may reach our law firm to get divorced in Turkey by sending an email or through our Contact page.