Family Law and Divorce Attorney in Cerkezkoy

How Does the Divorce Process Work?

Under the Turkish Civil Code, a divorce proceeds either as uncontested or contested. The case can be filed at the family court where either spouse resides or where the spouses lived together for the last six months before filing (Civil Code art. 168). Cases of couples living in Cerkezkoy are heard by the Cerkezkoy Family Court.

1. Initial consultation: The length of the marriage, children, assets and any evidence are reviewed together.
2. Choosing the route: If the marriage has lasted at least one year and the spouses agree on every consequence, an uncontested divorce protocol is prepared (art. 166/3); otherwise a contested divorce petition is filed.
3. Interim measures: While the case is pending, the court can be asked for interim maintenance, contact with the children and use of the family home (art. 169).
4. Evidence stage: In contested cases witnesses are heard and evidence is collected; where children are involved, a social services report may be ordered.
5. Judgment and finality: Once the reasoned judgment is served and the two-week appeal period passes, the divorce becomes final and is entered in the civil registry.

Points to Keep in Mind

• In an uncontested divorce the judge hears both spouses in person. Clearly settling custody, maintenance, visitation and property in the protocol prevents new disputes later.
• The decisive criterion in custody decisions is the best interests of the child; if the child is old enough, their view is also taken into account.
• Claims for material and moral compensation linked to the divorce are assessed according to each spouse's fault (art. 174).
• Liquidation of the marital property regime (participation claims, contribution claims) can be requested with the divorce or in a separate case; a 10-year limitation period runs from the divorce becoming final.
• For more on the local process, see our guide to divorce cases in Cerkezkoy.

Frequently Asked Questions