What are the divorce procedures in Turkey?

Divorce in Turkey – What are the divorce procedures in Turkey for foreigners?

Divorce is never an easy process both psychologically and legally. Especially for the ones who live in a foreign country, it will definitely cause more question marks and uncertainties. Therefore, in this article from Ebla Real Estate, we will talk about the main issues about getting a divorce in Turkey.

Divorce in Turkey:

In order to start the divorce procedures in Turkey, the marriage must be registered with the local Vital Statistics Office. If a foreign citizen follows the registration procedure in order to obtain the divorce he or she has to go to a civil court from where he or she will receive a court divorce decree. Moreover, the foreigner can’t go to a court in another jurisdiction in order to get the documents for divorce, this process must be completed with a civil court from Turkey that will make the judgment.

If the judge realizes that there is a possibility of reconciliation of the parties, the court may give both parties an extended period of 1 to 3 years to conciliate.

If the Turkish Family Courts decide on divorce, they also decide on the custody of the children in addition to this decision. The court makes the necessary examinations and gives custody to the child whichever side is better for the child. If the spouses separated because of issues like family violence, then one of the parties may ask for a limitation of the visitation rights.

After the divorce, the woman returns to her previous surname. However, if she wants to use her husband’s surname and the judge gives permission, she can also use her husband’s surname. In addition, women in Turkey cannot remarry for at least three hundred days after divorce.

Grounds for Divorce in Turkey:

Spouses can divorce on the basis of incompatibility, which means that there are no common feelings and ideas between the two parties, and it is a common reason for divorce in Turkey. However, there are other reasons for divorce such as:

• Adultery.
• Unreasonable behavior.
• Maltreatment, physical violence or attempt to kill,
• If one of the spouses has committed a crime.
• Desertion: if the spouses were separated for at least six months and the separation continues, the spouse that was deserted can file a lawsuit for divorce.
• Mental illness.
• Irretrievable breakdown of the marriage.

Turkish Divorce Application Form:

To start the divorce process, one of the most important things to consider is filling out the divorce application form.

In the text of the application for divorce by the spouses, there are articles such as the characteristics of the spouses, the reasons for the application for divorce and the determination of the application.

By filling out the form and submitting it to the court, you can begin the divorce proceedings.

Types of Divorce in Turkey:

There are two main types of divorce in Turkey, divorce without the consent of one of the parties and sensual divorce.

1. Contested divorce:

Contested divorce is when a spouse filed for divorce due to conflict with the other party for adultery or mental illness.

Court proceedings in case of contested divorces in Turkey:

The party who wants to divorce must submit a petition to the court. The court will accept evidence from both spouses and listen to both parties. The court will also listen to and testify on the witnesses of both parties. Within 16 days of declaring the trial closed, the court will issue a judgment.

2. Consensual divorce:

Consensual divorce are divorce cases where one of the spouses decides to end the marriage, goes to court, and the opposite party has no objection. This type is the most painless and convenient method of divorce where there is consent from both parties to the divorce.

Conditions of Consensual Divorce in Turkey:

Spouses must have been married for at least a year. Moreover, an agreement has been prepared and signed by the two parties wishing to divorce. Furthermore, both spouses must come before the judge and announce that they have decided to divorce.

Procedure for consensual divorce in Turkey:

The most important step in this divorce is to prepare a written agreement that includes the following:

1. Information about the couple’s children and their custody, if any.
2. Information about child and spouse support and care.
3. And information on the division of joint property acquired after marriage.
4. Other relevant information depending on the case and reconciliation of the spouses.

Documents required for divorce in absentia in Turkey:

• Spouses’ identity.
• A copy of the national card and identity card.
• A copy of the residence permit in Turkey.
• Original and copy of the divorce letter.
• Completed divorce form.
• Original and copy of the marriage contract.
• In addition to photos.

The divorce procedures in Turkey for foreigners:

There are two possible situations of divorce for foreigners in Turkey:

1. One of the spouses is a Turkish citizen and the other is a foreigner.
2. Both sides are foreigners and reside in Turkey.

In the first case, if the foreign spouse files for divorce in his or her country, the other party, a Turkish citizen, must file for divorce in Turkey.

In the second case, foreign citizens have the right to apply for divorce in the Turkish city where they reside, then in this case, one of the following laws will apply:

1. The law of the country to which the parties belong.
2. The law of the country in which both parties live.
3. If none of the above is specified, Turkish Law is applied.

It is worth noting that the law divorce in Turkey fully complies with the rules of private international law.

Edited by: Ebla Group Real Estate

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