HOW TO DIVORCE A TURKISH MAN?

In Turkey, the process of divorcing a male spouse (or any spouse) is governed by the Turkish Civil Code. There are two main types of divorce: contested divorce (çekişmeli boşanma) and uncontested divorce (anlaşmalı boşanma). The steps depend on whether both parties agree to the divorce and its terms.

1. Uncontested Divorce (Anlaşmalı Boşanma)

If both spouses agree on all the terms of the divorce (such as child custody, division of property, and alimony), they can file for an uncontested divorce. This is the simplest and quickest way to divorce in Turkey.

Requirements:

• The marriage must have lasted at least one year.

• Both parties must agree on all issues (custody, property, alimony, etc.).

• The agreement must be written and signed by both parties.

• Both parties must appear before the court.

Process:

• File a petition at the family court (Aile Mahkemesi).

• Present the divorce agreement to the court.

• Attend a court hearing where the judge will review the agreement. If the judge is satisfied, they will approve the divorce.

2. Contested Divorce (Çekişmeli Boşanma)

If the spouses do not agree on the terms of the divorce, one spouse can file for a contested divorce. This type of divorce is more complex and can take a longer time.

Grounds for Divorce: Under the Turkish Civil Code, a contested divorce can be granted on various grounds, including:

• Adultery (zina): If one spouse is unfaithful.

• Desertion (terk): If one spouse abandons the other for at least six months.

• Cruelty or domestic violence: If one spouse is abusive or violent.

• Mental illness: If one spouse suffers from a severe mental illness that makes the marriage unsustainable.

• Irretrievable breakdown (şiddetli geçimsizlik): If the marriage is beyond repair, with continuous conflict.

Process:

• One spouse files a petition for divorce in the family court, stating the grounds for divorce.

• The other spouse is notified and can respond to the petition.

• Both parties present evidence and witnesses in court.

• The judge reviews the case and decides on issues like child custody, alimony, and property division.

• The divorce is granted if the judge finds the grounds for divorce to be valid.

Other Key Points:

• Child custody: The court will decide based on the best interest of the child.

• Alimony: Either spouse may be ordered to pay alimony based on financial need and ability.

• Property division: Marital property is divided according to the principle of equal division unless there is a prenuptial agreement.

Divorces in Turkey typically require legal representation, as the process can involve complex legal procedures, especially in contested cases.