Uncontested and Contested Divorce in Türkiye: Requirements, Procedure and the 2024 Change

Divorce in Türkiye takes place through an action filed at the family court based on one of the grounds listed in the Turkish Civil Code. Depending on whether the spouses agree on the divorce and its consequences, proceedings are "uncontested" or "contested".

Uncontested divorce (Civil Code Art. 166(3))

The following conditions must be met together:

• the marriage has lasted at least one year,
• the spouses apply jointly, or one spouse accepts the other's claim,
• the judge, having heard the parties in person, is satisfied that they expressed their will freely,
• the judge approves the agreement (protocol) on the financial consequences of the divorce and the arrangements for the children.

The judge may make changes to the protocol in the interests of the parties and children; if the parties accept them, divorce is granted. The protocol usually covers custody, contact with the children, child and poverty maintenance, pecuniary and non-pecuniary compensation and the division of jewellery and property. With a properly prepared protocol, an uncontested divorce can often be concluded at a single hearing.

Contested divorce

If the spouses cannot agree, the divorce proceeds as contested on one of the statutory grounds:

• Specific grounds: adultery (Art. 161), attempt on life, severe maltreatment or degrading conduct (Art. 162), commission of a crime and leading a dishonourable life (Art. 163), abandonment (Art. 164) and mental illness (Art. 165).
• General ground: irretrievable breakdown of the marriage to the extent that the spouses cannot be expected to continue living together (Art. 166(1)). If the claimant is more at fault, the defendant may object; however, divorce may be granted if the objection amounts to abuse of rights and there is no interest worth protecting in maintaining the marriage.

Some specific grounds are subject to preclusive time limits; for example, an action based on adultery must be filed within six months of learning of it and in any event within five years of the act. Proof matters in contested cases, but admissions by the parties do not bind the judge, who evaluates the evidence freely (Art. 184).

Important change: waiting period reduced to one year

Under Article 166(4), if a divorce action on any ground is dismissed and, after that decision becomes final, the spouses fail to resume their common life within a certain period, the marriage is deemed irretrievably broken down and divorce is granted at the request of either spouse. Law No. 7532 of 14 November 2024 reduced this period from three years to one year, so that spouses are not forced to remain married for many years after a dismissed divorce case.

Financial and personal consequences of divorce

• Custody and contact: determined on the basis of the child's best interests.
• Child maintenance: the contribution of the parent without custody to the child's expenses.
• Poverty maintenance: paid to the spouse who will fall into poverty due to divorce and is not more at fault. The Constitutional Court has annulled the provision making this maintenance "indefinite"; the annulment takes effect on 30 June 2027. See our related article for details.
• Pecuniary and non-pecuniary compensation: a spouse who is not at fault or less at fault may claim compensation for interests harmed by the divorce and for violation of personality rights.
• Liquidation of the matrimonial property regime: claims arising from the participation in acquired property regime are usually brought in a separate action from the divorce.

During the proceedings

Once a divorce action is filed, the judge takes the necessary interim measures of their own motion for the duration of the case (such as housing and maintenance of the spouses, management of property, care and protection of the children and interim maintenance).

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