GETTING DIVORCED IN TURKEY FOR FOREIGNERS

INTRODUCTION

To divorce in Turkey, one has to initiate a divorce law suit in the family courts in Turkey. The Turkish Family Law is based on Swiss Family Law. There are basically two types of divorce. First one is uncontested divorce, which when both of the parties agree to divorce and sign a divorce protocol. With the protocol, the parties will be able to divorce in the first hearing. The second type of divorce is the contested divorce. In this type of divorce, one party will initiate the law suit based on grounds for divorce. If his/her grounds of divorce are found legitimate, they will be able to make demands from the other party, such as child payment and compensation.

GROUNDS FOR DIVORCE

In Turkish Family law, two types of grounds for divorce are accepted: General grounds for divorce and special grounds for divorce.

General grounds are explained in the Law as “Reasons for irretrievable breakdown of marriage” and they are not explained clearly. Everything can be counted as a general ground for divorce. For example, if a man insults his wife, the court will accept this action as a legal ground for divorce.

Special grounds for divorce are counted in the law as:

1. Adultery: If one’s spouse cheat on her/him sexually, the ground of adultery for divorce will be accepted by the court.

2. Intent to kill: If one’s spouse try to kill her/him the ground of intent to kill for divorce will be accepted by the court.

3. Very severe or degrading action: If one’s spouse physically of mentally abuses him/her, the ground for divorce will be accepted by the court.

4. Abandoning: If one’s spouse abandon the communal residence for some time which is specified in law, the ground of abandoning for divorce will be accepted by the court.

5. Mental illness: If one’s spouse have mental problems which are proved by a medical report, the grounds of mental illness for divorce will be accepted by the court.

CONSEQUENCES OF DIVORCE

If the lawsuit is accepted by the court, uncontested or contested, the marriage will be broken. The woman will be given her maiden name. The children’s custodies and child support payments will be arranged by the court. They will be enforced by the debt enforcement offices. At this point, the parties will be able to re-marry, but the woman will have to wait 300 days before she tries to marry. The procedure of division of matrimonial property can be started. The parties will not have right for inheritance of the other party anymore.

CUSTODY OF CHILDREN

The issue of custody is explained in Turkish Civil Law Artc. No 335-350 . It is stated that the court will handle the custody issue for the “Priority of the Benefit of the Child”. For children who are between 0-7 years old, the custody will be given to the mother. This is explained with the child’s need for “Motherly love”. For children above this age, the court will decide according to the relations between the child and the parents.

CHILD SUPPORT

The party who has the child custody, has the right to demand child support from the other party. The amount of the payment will be determined by the court with the help of a financial expert.

ALIMONY

In Turkish Family Law, alimony is accepted as a right for the party who is found right by the Court. It is based on the idea that the party who got hurt financially and can not sustain themselves, have the right to demand alimony from the other party. Because the other party is responsible of irretrievable breakdown of marriage. While determining the amount of alimony payment, the court will take the financial situation of the both parties into consideration.

COMPENSATION

The faulty party will be obliged to pay compensation for both economic and non-pecuniary damages incurred on the other party.

THE LITIGATION PROCESS

The litigation process will start with the applying petition. If the case is uncontested, the divorce protocol will be included in the petition. If not, the applying party will submit their will to divorce and the reasons for it to the court. The replying party will have the right to submit an answering petition. After the petition stage, the Court will move on to the hearing stage. In this stage, the witnesses will be heard by the court. The other evidences will be collected by the court at this stage. After the hearings and listening of the witnesses, the court will finalize the case by either accepting the case and ending the marriage, or rejecting it.

OUR SERVICES

As Alfa Law Firm, we provide our clients with legal consultancy and litigation services. With the Power of Attorney document, you give us via a notary, we will be able to write petitions, start the divorce process, submit witness information and proofs, finalizing the case and start debt enforcement procedures.