The short answer
In Turkey you can only divorce through a court judgment; there is no notarial or administrative divorce. You file a petition with the family court (aile mahkemesi), or where there is none, with the civil court of first instance acting as a family court, and pay the court fee and an advance on costs. If you live in Üsküdar, Kadıköy, Ataşehir, Ümraniye, Maltepe, Kartal or Pendik, your case will be heard at the Istanbul Anatolian Courthouse (İstanbul Anadolu Adliyesi) in Kartal.
The key question is whether the spouses agree both on ending the marriage and on maintenance, custody, property and compensation. If they do, they can apply for an uncontested divorce (anlaşmalı boşanma); if not, one of them files a contested divorce (çekişmeli boşanma).
Uncontested or contested divorce?
Uncontested divorce is governed by Article 166(3) of the Turkish Civil Code (TMK). The marriage must have lasted at least one year, and the spouses must either file together or one must accept the other's case. The judge hears both spouses in person, must be satisfied that they are acting freely, and must approve the financial arrangements and the provisions on the children.
In a contested divorce the petitioner must prove a ground recognised by law. The most common is the irretrievable breakdown of the marriage (TMK Art. 166(1)). The specific grounds are adultery (Art. 161), attempt on life or severe and degrading treatment (Art. 162), crime and dishonourable conduct (Art. 163), abandonment (Art. 164) and mental illness (Art. 165).
| Uncontested | Contested | |
|---|---|---|
| Requirement | Marriage of at least 1 year, full agreement | A statutory ground must be proven |
| Protocol | Required: maintenance, custody, property, compensation | None; the court decides each claim |
| Hearings | Usually one | Preliminary hearing, evidence hearings, often several |
| Evidence | Usually not needed | Witnesses, messages, documents, reports |
| Fault | Not examined | Directly affects maintenance and compensation |
A contested case can be converted into an uncontested one if the spouses reach agreement later. In practice this is common and shortens the process considerably.
Which court has jurisdiction?
Under TMK Article 168, a divorce can be filed at the court where either spouse is domiciled, or where the spouses lived together during the last six months before the case. If you and your spouse live in different cities, you can file where you live.
On Istanbul's Asian side the family courts sit at the Anatolian Courthouse in Kartal. The petition is lodged at the courthouse registry or, with an e-signature, online via the UYAP Citizen Portal. See our guide to the Anatolian Courthouse for practical details.
What should the divorce protocol cover?
The protocol (anlaşmalı boşanma protokolü) is the backbone of an uncontested divorce. Once approved, it becomes part of the judgment and can be enforced. A vague or incomplete protocol is a common source of later litigation. It usually covers:
- Custody of the children and contact arrangements for the other parent (weekdays, holidays, summer)
- Child support (iştirak nafakası): amount, payment date and account, annual increase
- Whether spousal maintenance (yoksulluk nafakası) is claimed or expressly waived
- Division of property: home, car, bank accounts, debts, furniture; whether further property claims are waived
- Material and moral compensation claims or a waiver of them
- Who bears the court costs and legal fees
The judge may ask for changes in the interests of the spouses or the children; if both accept them, the divorce is granted. Template protocols found online do not reflect your family's circumstances, so make sure you understand every clause before signing.
Filing for divorce, step by step
- Choose the route: is there agreement, and if not, which ground will the case rely on? For a contested case, gather evidence early.
- Petition and protocol: an uncontested petition is filed with the signed protocol. A contested petition sets out the facts, the ground, the claims (custody, maintenance, compensation) and the evidence.
- Fees and advance on costs: the court fee and an advance for service, witnesses and experts are paid on filing.
- Service and replies: in a contested case the petition is served on the other spouse and written pleadings are exchanged.
- Hearings: in an uncontested case both spouses attend and confirm the protocol orally. In a contested case there is a preliminary hearing followed by evidence hearings, and the court may order a social inquiry report on the children.
- Judgment and finality: the judgment is served on the parties. The appeal period is two weeks from service; once it expires, or both parties waive the appeal, the divorce becomes final and is registered in the civil registry.
Hiring a lawyer is not mandatory. In a contested divorce, however, facts and evidence not raised in the written pleadings often cannot be added later. Claims for maintenance and compensation arising from the divorce are subject to a one-year limitation period from the date the divorce becomes final (TMK Art. 178).
How long does a divorce take?
The main factors are the type of case, the court's workload, how quickly documents are served, the number of witnesses and whether the judgment is appealed. The ranges below are only a general guide.
- Uncontested: a hearing date is usually set within a few weeks to a few months, and the judgment is often announced at the hearing. If both parties waive the appeal, it can become final soon after.
- Contested: first-instance proceedings commonly take one to two years; a custody dispute requiring a social inquiry report can add time.
- Appeals: if the case goes to the regional court of appeal (istinaf) and then the Court of Cassation (Yargıtay), the total can run to several years.
During the judicial recess (20 July to 31 August each year) divorce hearings are generally not held, though some matters such as maintenance can still be dealt with. This can affect timing for uncontested cases.
Costs and legal fees
A divorce case attracts a fixed court fee rather than one based on the amounts claimed. Court fees are updated each year under the Fees Law tariffs, and the advance on costs follows the Ministry of Justice's annual tariff; the courthouse registry or UYAP will show the current amounts.
Contested cases may add witness, expert and social inquiry costs. A separate property claim is subject to a proportional fee based on its value. As a rule, the losing party pays the court costs and a statutory attorney fee to the other side.
A lawyer's fee is agreed in a written engagement letter under Articles 163–164 of the Attorneys Act (No. 1136) and cannot be lower than the Union of Turkish Bar Associations' annual minimum fee tariff. See our guide to legal fees. People who cannot afford the costs can apply for legal aid (adli yardım) from the court or the bar association.
Documents to prepare
- ID card or residence permit and passport; for a lawyer, a power of attorney with specific authority for divorce
- The signed protocol for an uncontested divorce
- Proof of income for both spouses: payslips, social security records, tax records, rental income
- Title deeds, vehicle registrations, loan and bank documents
- Documents on the children's schooling, health and expenses
- For a contested case: names and addresses of witnesses, messages, emails, photos, any medical report or protection order
If your marriage took place abroad, it must first be registered in the Turkish civil registry for a Turkish court to dissolve it; foreign documents need a sworn translation and an apostille or consular legalisation.
Custody, maintenance and property
Custody (velayet) is decided on the child's best interests, considering the child's age, who has been the main carer, each parent's circumstances and, where the child is mature enough, the child's own views. The other parent is granted contact (TMK Art. 182).
Maintenance (nafaka): interim maintenance during the case, child support after the divorce, and spousal maintenance where the conditions are met. For the Constitutional Court's 2026 decision on the duration of spousal maintenance, see our guide to maintenance.
Property: for couples married after 1 January 2002 who have not chosen another regime, the default is the participation in acquired property regime (edinilmiş mallara katılma). Assets acquired during the marriage are in principle shared equally; pre-marital assets, inheritances and gifts remain personal property. Property can be divided within the divorce case or in a separate action after the divorce becomes final.
Divorce has personal and financial consequences that last for years. If you would like to discuss your options, the protocol or the evidence a contested case would need, you can reach us through our contact page; our family and divorce law page describes our work in this area.
Frequently asked questions
Can I get an uncontested divorce without a lawyer?
Yes; the law does not require a lawyer. The spouses can draft the protocol themselves and file it with the family court. Because the protocol becomes part of the judgment, the clauses on child support increases, custody and property should be clear and enforceable.
How long must we have been married for an uncontested divorce?
At least one year. If the marriage is shorter, the uncontested route is not available and the case proceeds under the contested divorce rules even if the spouses agree.
Where do I file for divorce in Istanbul?
At the family court where either spouse lives, or where you last lived together for six months (TMK Art. 168). For Üsküdar and most of the Asian side, that is the Istanbul Anatolian Courthouse in Kartal.
Can foreigners divorce in a Turkish court?
Generally yes, if one spouse is domiciled in Turkey; Turkish courts have jurisdiction and the applicable law is determined under the Turkish private international law rules. The marriage may first need to be registered in Turkey, and foreign documents must be translated and apostilled.
How many hearings does a contested divorce take?
There is no fixed number. After the preliminary hearing, the court holds evidence hearings to hear witnesses, collect documents and, if needed, obtain a social inquiry report. Many cases have three to six hearings, but it depends on the file.
Can a divorce case be withdrawn?
Yes. The petitioner can waive the claim, or the file can be left inactive with the other side's participation. A waiver has the effect of a final judgment and may make it harder to file again on the same facts, so it should be considered carefully.
Written by: Av. Murat Kaan Çelik · Updated: October 14, 2026
Sources
This article is for general information only, does not constitute legal advice and reflects the legislation in force on the date of publication. Please consult a lawyer about your specific situation.
