This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Boşanma Davası Nasıl Açılır? Süreç ve Dikkat Edilmesi Gerekenler.
A divorce action is brought in the family court of either spouse's place of residence, or of the place they last lived together for six months before the action. The first choice that shapes everything is whether the case proceeds as uncontested or contested — and the difference is not only the timetable, but whether fault is examined at all.
This guide covers both routes, the statutory grounds, how the procedure runs, and the claims — property, custody, maintenance and damages — that must be made in the petition. TMK means the Turkish Civil Code No. 4721.
Uncontested and Contested
Uncontested divorce is governed by TMK art. 166/3. It requires that the marriage has lasted at least one year and that the spouses have reached a complete agreement on every consequence — custody, contact, maintenance, property. That agreement is the settlement protocol. The judge examines it, hears the spouses in person, and grants the divorce if the protocol is approved. It usually concludes at a single hearing.
Contested divorce arises where one spouse disputes the divorce or its consequences. The judge weighs the evidence, apportions fault, and decides custody, maintenance and damages. It runs across several hearings, and an appeal extends it further.
| Uncontested | Contested | |
|---|---|---|
| Length of marriage | At least one year | No requirement |
| How it starts | Joint application, or acceptance of the other's action | One spouse files |
| Protocol | Compulsory; approved by the judge | None |
| Hearing | Both spouses must be heard in person | Representation by counsel is possible |
| Examination of fault | Not carried out | Carried out; drives damages and maintenance |
| Typical length | Usually a single hearing | Depends on the evidence and witness stages |
If agreement breaks down on a single clause of the protocol, the case continues as contested — which is why the maintenance, custody and property clauses must be drafted fully at the outset.
The Statutory Grounds
- Adultery (TMK art. 161). The action must be brought within six months of learning of it — a forfeiture period.
- Attempt on life, gravely degrading treatment (art. 162). Also within six months of learning of the event.
- Commission of an offence, leading a dishonourable life (art. 163).
- Desertion (art. 164). Where a spouse has left the common life and has not returned, or refuses to return, for at least six months. A formal warning notice must be served before filing.
- Mental illness (art. 165). A persistent and incurable illness making common life intolerable, documented by an official medical board report.
- Irretrievable breakdown of the marital union (art. 166). The ground relied on most often. Either spouse may file where common life can no longer be expected of them.
How the Case Runs
Divorce actions are heard in the family court. Territorial jurisdiction lies with the court of either spouse's place of residence, or of the place they lived together for the last six months.
- The petition. The grounds, every claim (custody, maintenance, damages) and the evidence must be set out in full.
- Documents. Identity records, the marriage certificate, the children's civil records, and the evidence supporting the ground.
- Uncontested: the protocol is filed, the judge hears both spouses in person, approves it and decides at one hearing.
- Contested: petition, defence, exchange of pleadings, evidence and witnesses, expert examination where needed, several hearings, judgment — and possibly an appeal.
Relief that is not claimed is not granted by the court of its own motion. Maintenance, damages, division of property and custody must all be stated expressly in the petition.
Division of Property
Since 2002 the statutory regime is participation in acquired property. Property acquired during the marriage is shared on liquidation; personal property is not — assets owned before the marriage, inheritances, gifts and items of personal use.
On liquidation each spouse may claim half the residual value of the other's acquired property, as a participation claim. Contributions to jointly used assets are also taken into account. A different regime may be chosen before a notary, before or during the marriage.
Custody
The judge decides custody by reference to the best interests of the child, and does so of the court's own motion rather than being bound by the parties' requests. The factors weighed are:
- The child's age;
- Each parent's circumstances and living conditions;
- Which parent the child has the stronger bond with;
- The social investigation report and any assessment by a pedagogue or psychologist;
- The views of a child who has reached twelve, expressed to the judge.
The court also fixes the personal relationship of the parent without custody: weekends, school holidays and religious holidays are set out expressly in the judgment.
Damages and Maintenance
The spouse who is without fault, or less at fault, may claim pecuniary damages (art. 174/1) for the loss of existing or expected benefits, and non-pecuniary damages (art. 174/2) for injury to personality rights.
- Interim maintenance — ordered during the proceedings for the weaker spouse and any children.
- Spousal maintenance (art. 175) — for a spouse who would fall into poverty and whose fault is not the graver. It may be awarded without a time limit.
- Child maintenance (art. 182) — paid by the parent without custody towards the child's costs.
"Where the marital union has broken down to such an extent that common life cannot be expected of the spouses, either of them may bring an action for divorce."
TMK art. 166
Common Mistakes
- Signing the protocol without understanding all its consequences.
- Not stating every claim in the petition, and losing rights as a result.
- Not gathering the property records and documents in time.
- Overlooking that social media posts and message threads can be used in evidence against you.
- Proceeding without a lawyer and missing a procedural step or an appeal deadline.
Frequently Asked Questions
Which court hears a divorce?
The family court of either spouse's place of residence, or of the place they last lived together for six months.
What is the difference between uncontested and contested?
An uncontested divorce requires a year of marriage and full agreement, and fault is not examined. A contested divorce examines fault, which drives damages and maintenance.
Is there a time limit on the grounds?
Adultery and attempt on life or degrading treatment must be relied on within six months of learning of the event. Irretrievable breakdown has no such limit.
Will the court award maintenance without my asking?
No. Relief not claimed in the petition is not granted of the court's own motion — except interim measures, which the judge may order.
How is custody decided?
By the best interests of the child, on the social investigation report, the child's bonds and, from age twelve, the child's own views.