Divorce Proceedings

A divorce case is initiated by one spouse, or jointly by both spouses in an uncontested procedure, filing a petition with the family court of the relevant place of residence (or the competent civil court of first instance where no family court exists). The competent court is the family court, and the appropriate venue is generally the place of residence of either spouse or the place where the spouses last resided together for the six months preceding the filing.

The case is formally considered filed once the petition is submitted to the court registry and the required court fees and expense advance are paid. If the court identifies deficiencies or procedural errors in the petition, it may grant a period to remedy them, which is why preparing the petition correctly from the outset matters.

Depending on the type of proceeding, the following documents are generally requested:

• The case petition and its attachments
• A copy of the identity document and a current civil registry record
• A copy of the marriage certificate
• In uncontested divorce, the divorce protocol signed by both parties
• Civil registry information for any children and documents related to their schooling or health, where relevant
• Income and asset documentation supporting any alimony or compensation claims

In contested cases, evidence supporting the alleged ground for divorce — correspondence, a witness list, photographs, bank records, and similar materials — is also submitted to the case file.

Under Article 166/3 of the Civil Code, an uncontested divorce requires that the marriage have lasted at least one year. Either the spouses apply jointly, or one spouse files the case and the other accepts it. The parties must agree on a protocol addressing the financial consequences of the divorce and the situation of any children, and this agreement must be found appropriate by the judge at the hearing.

The judge personally hears both spouses and, if satisfied that their consent was freely given, approves the protocol; the court may propose changes to arrangements concerning children where necessary. A complete and internally consistent protocol increases the likelihood that the case concludes in a single hearing.

If the spouses cannot agree on the divorce itself, or on its consequences such as custody, alimony, property division, or compensation, the process becomes a contested divorce. In this case, the plaintiff must set out the specific legal ground relied upon and the supporting evidence in the petition.

A contested proceeding involves examining the parties' statements, witness testimony, social investigation reports, and, where necessary, expert examinations. The length of the process varies depending on the evidence involved, the parties' claims, and the court's caseload.

The Turkish Civil Code provides for both specific and general grounds for divorce. The specific grounds are individually listed in the Code:

• Adultery (Art. 161): A breach of the duty of fidelity by one spouse.
• Attempt on life, severe cruelty, or degrading treatment (Art. 162): Serious physical or dignity-violating acts against a spouse.
• Commission of a crime or leading a dishonorable life (Art. 163): Conviction for a degrading offense or living a dishonorable lifestyle.
• Desertion (Art. 164): One spouse ending cohabitation and failing to return for a defined period.
• Mental illness (Art. 165): Where the marriage becomes unbearable for the other spouse as a result, documented by an official medical board report.

In addition, the general ground under Article 166/1 is the one most commonly relied upon in practice: "If the foundation of the marital union has been so severely undermined that the spouses cannot reasonably be expected to continue living together, either spouse may file for divorce." Which ground fits a particular case, and how the burden of proof is met, depends on the specific facts of the file.

For more comprehensive information about the divorce process and its possible consequences, you can review our divorce and family law services page. Support in family law matters is provided across İzmir, particularly in Karabağlar, Konak, and Buca.

Av. Mehmet Yücesoy

İzmir Attorney & Legal Consultancy