Divorce is a fact of life, just like getting married. Just like in marriage, some procedures need to be fulfilled to get a divorce. In this article, we will talk about how to get a divorce in Turkey.
Divorce Process in Turkey
How the divorce case is opened depends on whether the uncontested or contested divorce case is preferred. However, both types of divorce cases are filed at the Family Court. One of the parties who want to divorce can open the divorce case itself without a lawyer by adding two copies of the lawsuit petition, if any, the documents to be attached and the photocopy of the identity card. The court authorized to hear the contested divorce case is determined as follows:
Divorce action can be filed at the family court of the defendant’s settlement.
Divorce action can be filed at the family court in the plaintiff’s place of residence.
Divorce proceedings can be filed at the family court where the spouses who want to divorce have resided for the last 6 months.
Uncontested divorce proceedings can be opened at any courthouse. The residence of the parties is not important in terms of determining the competent court. The parties may open an uncontested divorce case in the family court of a courthouse they deem appropriate. The most important element of the contracted divorce case is considered to be the negotiated divorce protocol. The family court makes a divorce decision based on the agreed divorce protocol prepared by the parties.
The procedures applied in the contentious divorce case are not applied in the uncontentious divorce case. In other words, stages such as sending notification to the other party, reply petition, or preliminary examination stage are passed, and the day of the hearing is given directly. The protocol prepared and signed by the parties is approved at the hearing by the family court judge, and a divorce decision is made.
Divorce Cases in Turkey
The spouse who filed a divorce case must show a concrete reason for divorce in the petition. The reasons for divorce may be general reasons (severe incompatibility, etc.) as well as special reasons such as deception and leaving the house.
The parties must prove the reasons they show in the petition for divorce during the trial. Otherwise, the divorce case will be denied. The spouse who filed the case must both show the reason for the divorce and prove that the other party is at fault in the divorce case. If the occurrence of the event that the spouse who filed the lawsuit cited as the reason for divorce is based on his own fault, the divorce case is rejected. In the agreed divorce case, the fault or justification of the parties is not the subject of dispute.
If you get married abroad and get divorced abroad in the same way, recognition and enforcement case should be opened in Turkey, and the divorce case should be introduced. Even if you marry abroad, it is possible to file a lawsuit directly in Turkey. In accordance with the law, citizens who marry abroad have the right to divorce in Turkey. It is only necessary to register the divorce decisions made abroad in the population registers in foreign representative offices. Thus, the divorce case in a foreign country is also valid in Turkey.
Divorce Procedures for Foreigners in Turkey
Married foreigners can divorce in Turkey if they follow the relevant processes. The marriage must first be registered at the Registry Office to start divorce proceedings in Turkey.
To file a divorce case, a foreign citizen must follow the relevant lawsuit application procedure and apply to a court of law that will decide for divorce. Foreigners in Turkey are required to complete the divorce process in a civil court that will decide.
If one of the spouses is a Turkish citizen and the other is a foreign citizen, the Turkish citizen must also apply for divorce in Turkey if the foreign spouse fills a divorce case in his/her own country. If both spouses are foreign citizens living in Turkey, foreign nationals have the right to apply for divorce in the Turkish city of residence.
In this case, if they wish, the law of the country in which both foreigners are registered as residents, or the law of the country in which they both reside, even if it’s not one of the spouse’s home country, or, if neither option is selected, Turkish laws will apply. The decision of divorce case of foreign nationals in Turkey will be made following the International Private Law and Procedural Law.
