Divorce procedure for foreign nationals in Turkey
Description
**Divorce Process of Foreign Nationals in Turkey
Divorce is a complex process, both emotionally and legally.
For foreign nationals, managing this process in a foreign country can be much more challenging.
The legislation regulating the divorce process in Turkey clearly defines the rights and obligations of the parties.
Below is the basic information on divorce of foreigners in Turkey, the processes and the importance of professional legal support.
Features of the Divorce Process of Foreigners in Turkey
1. Applicable Law
According to Article 14 of the Turkish Civil Code, divorce is applied in the following order:
Law of the common citizenship of spouses
Law of last common place of residence of spouses
If the above two conditions do not exist → Turkish law
For this reason, each divorce case is specifically analyzed to determine which law applies.
**2. Recognition of Marriages and Divorces Abroad
Marriage in a foreign country must be registered in the civil registry in order to be valid in Turkey**.
In order for a divorce decree issued outside Turkey to be valid, a recognition and enforcement case must be filed.
If this is not done, the person may still appear married in Turkey.
3. Special Situations in Mixed Marriages
If one party is Turkish and the other is a foreigner:
Child custody
Alimony
Property division
matters are mostly considered under Turkish law (unless there is a foreign court decision).
**The Divorce Process in Turkey
1. Uncontested Divorce
If the spouses agree on all issues:
Apply with a joint petition
Divorce protocol is submitted
The process takes less time
Duration:** Usually a few months.
2. Contested Divorce
A contested divorce is filed if one of the spouses does not want to divorce or if there is a disagreement on issues such as alimony / custody / division of property.
Common reasons for divorce:
Deception
Violence or ill-treatment
Severe incompatibility (reasons that make marriage unsustainable)
Long periods of separation
Mental illness
📌 Duration: Can be 1 year or longer.
Stages of the Divorce Process
1. Preparation of Documents
Required documents:
Marriage certificate
ID / passport
Documents on acquired assets
Evidence regarding the reason for divorce
**2. Filing of the Lawsuit
Lawsuit:
In the family court at the plaintiff's place of residence
or
At the defendant's place of residence
It opens.
3. Judicial Process
Court:
Listens to the parties
Evaluates evidence
Makes the final decision
**The Role of the Lawyer in the Divorce Process
1. Legal Counseling
The lawyer assesses which law to apply and determines the right strategy.
**2. Preparation of the Statement of Claim
All documents are prepared in accordance with legal requirements.
**3. Representation in Court
The lawyer defends his/her client at the hearing and takes all necessary steps to avoid any loss of rights.
4. Document Translation and Language Support
Foreign documents:
should be translated into Turkish
Must be certified by a notary public
This entire process is followed by the lawyer.
5. Resolution of Side Issues
Divorce often covers additional issues:
Property division
Child custody
Personal relationship order
Alimony
The lawyer will help you reach a fair outcome on all these issues.
Risks of Not Getting Professional Support
Divorce proceedings without a lawyer involve serious risks:
Incorrect document preparation
Procedural errors
Missing deadlines
Losses in property division
Negative consequences for child custody
Conclusion
The divorce process for foreign nationals in Turkey is a process that involves many legal details and requires professional management.
Working with a specialized lawyer:
Accelerates the process
Prevents loss of rights
Reduces stress
Provides a strong position before the court
Our legal team in Alanya is ready to be with you at every stage of the divorce process.
