FAQ
Family — frequently asked questions
The 23 questions we are asked most about Family, with answers. If you cannot find yours, write to us directly and we will answer.
Family
23 questionsHow long does an uncontested divorce take?+
If the parties have agreed in a protocol and the marriage has lasted at least one year, the case is usually concluded in a single hearing. The time between filing the case and the hearing date varies between 1 and 4 months depending on the court’s workload. The judgment becoming final and being entered in the civil registry takes a further 2–4 weeks.
How is property divided on divorce?+
In marriages after 1 January 2002 the statutory regime is participation in acquired property: property acquired during the marriage is, as a rule, shared half and half. Inheritance, gifts and items for personal use are regarded as personal property. Division of property is a separate case from the divorce case and is not decided before the divorce becomes final.
On what basis is custody granted?+
The only criterion is the best interests of the child. The bond between the parents and the child, the child’s age and habits, and the parents’ ability and attitude to provide care are assessed. Although in practice priority is given to the mother’s care for young children, this is not an absolute rule. A child capable of discernment is heard by the court, and a report from a child development specialist (pedagogue) is obtained.
What happens if I do not pay alimony?+
An alimony debt can be subject to enforcement proceedings; in addition, coercive detention of up to 3 months can be requested by filing a complaint with the enforcement criminal court for "non-compliance with an alimony judgment". The detention order is lifted once payment is made. For this reason, it is recommended that alimony payments always be made through a bank with a payment description.
Where is a divorce case filed?+
It is filed at the court of the domicile of either spouse, or of the place where they last lived together for six months before the case. In an uncontested divorce the parties may choose the court of any place they wish. If you live abroad, your last domicile in Turkey is taken as the basis; if you have obtained a foreign court judgment, a separate case is required for its recognition.
Does alimony increase automatically every year?+
If the judgment states a rate of increase (the producer price index ÜFE, the consumer price index TÜFE or their average), the increase applies automatically and there is no need to file a new case. If the judgment contains only a fixed amount, an action for increase of alimony must be filed to obtain an increase. For this reason, having the rate of increase written into the judgment in the divorce file removes the burden of litigation in the following years from the outset.
The child is not handed over on contact days. What can I do?+
If the child is not handed over despite the judgment, the application is no longer made to the enforcement office but to the Ministry of Justice’s directorate of judicial support and victim services: arts. 25/a and 25/b of the Enforcement and Bankruptcy Law were repealed by Law No. 7343, and these matters now fall under art. 41/A et seq. of Child Protection Law No. 5395. The directorate sends the obliged parent a handover order; if the order is not obeyed, the child is collected by an expert or a teacher, with police assistance where necessary, and handed over to the entitled parent. A person who acts contrary to the handover order is sentenced to disciplinary confinement upon a complaint made to the family court within one month. This conduct also constitutes evidence against the other parent in any action for change of custody that may be filed; keeping regular records of the handover reports is therefore important.
Must the marriage have lasted 1 year for an uncontested divorce?+
Yes. For an uncontested divorce the marriage must have lasted at least one year (Turkish Civil Code, TMK art. 166/3). Even if the spouses agree before one year has passed, the case cannot be concluded as an uncontested divorce; in that situation a case can only be filed on one of the grounds for contested divorce, or the end of the one-year period must be awaited.
Can a contested divorce case become uncontested?+
Yes. If at any stage of the proceedings the spouses agree on the divorce and all of its consequences, the protocol is submitted to the file and the judge, after hearing the spouses, may grant an uncontested divorce. The requirement that the marriage has lasted one year also applies here. This route often ends a case that could take a long time in a single hearing.
Are WhatsApp messages evidence in a divorce case?+
They can be. Messages your spouse sent to you and correspondence accessed by lawful means may be submitted as evidence. However, cracking your spouse’s phone password, secretly installing software or accessing their private correspondence without permission may constitute a criminal offence, and evidence obtained in this way may be disregarded by the court (Code of Civil Procedure, HMK art. 189). It is important that the date and phone number are visible together with the screenshots of the messages.
Is it mandatory to hire a lawyer to file a divorce case?+
No, representation by a lawyer is not mandatory; the case can be filed in person. However, since events and claims not raised in the petition cannot be added later, and claims such as alimony, custody and compensation are subject to time limits, obtaining legal support is recommended to avoid losing rights. Those whose financial situation is insufficient may request legal aid.
Is leaving home after filing for divorce considered fault?+
Once a divorce case has been filed, the spouses have the right to live separately while the case is pending; leaving the home is not in itself considered fault. Leaving the family home without just cause before the case is filed, however, may be taken into account in the assessment of fault. If there is violence or a threat, requesting a protection measure before leaving is important both for safety and for proof.
When does a divorce judgment become final?+
The judgment becomes final if no appeal is filed within the two-week appeal period after the reasoned judgment is served on the parties. In an uncontested divorce, if the parties waive their right to appeal at the hearing, the judgment can become final on the same day. The final judgment is notified to the civil registry office and the marital status is recorded as “divorced”.
When can a woman remarry after divorce?+
The law provides for a 300-day waiting period (iddet) for a woman whose marriage has ended (Turkish Civil Code, TMK art. 132). If the woman documents with a doctor’s report that she is not pregnant, or wishes to remarry the spouse she divorced, she may ask the court to remove this period; this case is usually concluded quickly.
Can alimony and compensation not claimed in the divorce case be claimed later?+
They can, but subject to a time limit. Claims for pecuniary and non-pecuniary compensation and spousal maintenance arising from the divorce must be brought in a separate action within one year of the divorce judgment becoming final (Turkish Civil Code, TMK art. 178). For a property division case, the time limit is ten years from the judgment becoming final.
Can I get divorced if my spouse does not want a divorce?+
Yes. In a contested case, if the ground for divorce is proven, your spouse’s unwillingness to divorce does not prevent a judgment. Only in a case based on the breakdown of the marriage, if the claimant’s fault is heavier, may the defendant object; if this objection amounts to an abuse of right, the divorce may still be granted. If the case is dismissed and common life has not been re-established for one year after the dismissal becomes final, the divorce is granted at the request of either spouse (Turkish Civil Code, TMK art. 166/4).
Who keeps the gold given at the wedding after divorce?+
The Court of Cassation changed its case law in 2024. If there is no agreement between the spouses or proven local custom, jewellery belongs to the person to whom it was given; jewellery specific to women, such as bracelets and necklaces, belongs to the woman, and jewellery specific to men belongs to the man, regardless of to whom it was given. If it is proven that the jewellery remained with the other party, its return in kind or, failing that, its value may be claimed. The claim may be raised together with the divorce case or in a separate case; wedding photos and videos are the main evidence.
Can a spouse who was cheated on receive a larger share in the division of property?+
As a rule, division of property is independent of fault and each spouse claims half of the other’s net surplus. However, if the divorce took place on the ground of adultery or attempt on life, the judge may reduce or entirely remove the at-fault spouse’s share in the net surplus on the basis of equity (Turkish Civil Code, TMK art. 236/2). The spouse who was cheated on may also claim pecuniary and non-pecuniary compensation, while a claim for spousal maintenance by the unfaithful spouse is, as a rule, rejected.
Has indefinite alimony been abolished? Will the alimony I pay stop?+
It has been announced that in June 2026 the Constitutional Court annulled the words “indefinitely” in Turkish Civil Code (TMK) art. 175; the annulment will enter into force nine months after the decision is published in the Official Gazette. Until that period expires, the current provision applies and existing alimony judgments do not end automatically. To have alimony terminated or reduced, an application to the court is still required; the new rule on duration is expected to be set by the legislature.
How can I prevent my spouse from selling the house before the divorce?+
The home in which the family lives together cannot be sold without the express consent of the other spouse, even if it is registered in the name of one spouse (Turkish Civil Code, TMK art. 194). The non-owner spouse may apply to the land registry office for a family home annotation to be entered; the annotation largely removes the risk of a sale to a buyer acting in good faith. For property other than the family home, an interim injunction may be requested from the court to protect the property division claim.
What happens if we reconcile while the divorce case is pending?+
The claimant spouse may waive the claim, or the parties may have the file struck out by not pursuing the case. A waiver has the same effect as a final judgment (res judicata) and the costs of the proceedings are borne by the party who waives. Events before the reconciliation are, as a rule, deemed forgiven or tolerated; they cannot on their own form the basis of a new case filed in the future, but they may be assessed together with new events.
Can custody be changed after divorce?+
Yes. A custody decision does not become res judicata; where the child’s interests require it, the holder of custody may be changed (Turkish Civil Code, TMK art. 183, art. 349). The main reasons are neglect of the child’s care or education, ill-treatment, persistent obstruction of personal contact, or a child capable of discernment wishing to live with the other parent. Remarriage of the holder of custody is not in itself sufficient; the court decides after obtaining a social investigation report.
Can new events be added to the divorce petition later?+
Once the stage of written pleadings is complete, the prohibition on expanding the claim applies; new events cannot be raised without the express consent of the other party. Although a one-time change through amendment of pleadings is possible, it is costly and limited. New events that occur after the case is filed, however, may be raised during the proceedings. For this reason, the events must be described completely in the first petition, together with their dates and witnesses.
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In the first meeting we discuss the legal position of your case, the routes open to you and roughly how long they take. The meeting can be at our office or by video.