Divorce in Yalova: Uncontested and Contested Divorce, Custody

Divorce is obtained through a lawsuit filed before a family court on one of the grounds listed in the law. If the parties agree, the process may be shorter; otherwise a contested case proceeds. This article offers a general overview and does not replace an assessment of your specific case.

1. Grounds for divorce

The Turkish Civil Code (TCC) provides two groups of grounds:

• Specific grounds: adultery (Art. 161), attempt on life, grave ill-treatment or humiliating conduct (Art. 162), committing a degrading crime or leading a dishonourable life (Art. 163), desertion (Art. 164) and mental illness (Art. 165).
• General ground: the marriage being so fundamentally shaken that continuing the marital union cannot be expected (Art. 166/1).

For some grounds, the right to sue lapses quickly: for adultery and grave ill-treatment, the case must be filed within six months of learning of the ground and within an outer limit. For desertion, there must be at least six months of separation, a warning through a judge or notary, and two months after the warning (Art. 164).

2. Uncontested divorce

If the marriage has lasted at least one year, the marriage is deemed fundamentally shaken where the spouses apply jointly or one accepts the other's suit. The judge must personally hear the parties, be satisfied that their will is freely expressed, and find the agreed arrangement on the financial consequences and the children appropriate (Art. 166/3). The judge may modify the arrangement in the interest of the parties and the children.

3. Contested divorce and the one-year rule

If the parties do not agree, a suit based on the breakdown of the marriage may be filed. If the plaintiff is more at fault, the defendant may object; but if the objection is an abuse of right and no worthwhile interest remains for the defendant and the children, divorce may still be granted (Art. 166/2).

Also, if a suit on any ground is dismissed and one year passes after that decision becomes final without the spouses resuming married life, the marriage is deemed fundamentally shaken and divorce is granted at either spouse's request (Art. 166/4, as amended by Law No. 7532 in 2024).

4. Custody and personal contact with the child

A minor child is under the custody of the parents (TCC Art. 335). In the divorce judgment, after hearing the parents where possible, the court regulates their rights and personal contact with the child; for the parent without custody, the child's interests, especially health, education and morals, are the basis. That parent must contribute to the child's care and education costs in proportion to their means (Art. 182).

5. Which court?

Divorce cases are heard by family courts. The competent court is that of the residence of one of the spouses or of the place where they lived together for the last six months before the suit (TCC Art. 168). See our Yalova guide for the courthouse buildings.

6. Before you begin

Divorce has financial and personal consequences; seek legal advice before filing or preparing a defence. You can create an appointment or reach us via the contact page.

This article is for general information only and is not legal advice.