I CANNOT REACH MY TURKISH WIFE, HOW CAN I GET A DIVORCE?

If you cannot reach your Turkish spouse, you can still pursue a divorce in Turkey. Turkish law allows for divorce proceedings even when one spouse is missing or unresponsive, through a process known as uncontested or absentia divorce (gaiplik davası). Here’s how it generally works:

1. Filing for Divorce: You need to file a divorce petition in a Turkish family court, where you outline the grounds for divorce. Turkish law allows divorce for various reasons, including irreconcilable differences, abandonment, or living apart for a certain period. Since you cannot locate your spouse, abandonment may be a viable ground.

2. Notification Process: If your spouse's whereabouts are unknown, the court will make efforts to notify them of the divorce proceedings. This may involve issuing notices to their last known address or through public announcements in official newspapers. If your spouse does not respond, the court can continue with the case.

3. Divorce by Default: If your spouse remains unreachable and does not participate in the court process, the court may grant a default judgment. This means the court can proceed with the divorce even without your spouse’s input or attendance.

4. Timeframes and Conditions: In cases where you file for divorce based on abandonment, you typically need to show that you and your spouse have lived apart for at least six months. The court may request evidence of your attempts to contact your spouse, including letters, official notifications, or other efforts.

5. Legal Representation: Since you may need assistance with the notification process and to represent your interests in court, hiring a Turkish family lawyer can be very helpful. Your lawyer can also help you with asset division and child custody if those issues apply.

6. International Considerations: If you reside outside Turkey, a Turkish lawyer can handle most of the legal procedures on your behalf, allowing you to attend only necessary proceedings, or even conduct them via power of attorney.

Once the court finalizes the divorce, it will be registered in Turkey. If you reside outside Turkey, you may need to have the divorce recognized in your home country.

4o