A contested divorce case in Turkey is opened when one spouse files a petition with the competent family court based on one of the grounds for divorce listed in the law; the ground for divorce and fault are proven through witnesses, documents and other evidence. This is the route to follow when the spouses cannot agree on the divorce itself or on consequences such as custody, maintenance and compensation.
In this article, we cover the grounds for divorce, the rules on evidence and proof, the stages and duration of the case and the measures taken while it is pending. For general information on family law, see our family law page; where the spouses agree on everything, see our article on uncontested divorce.
What grounds can a contested divorce be based on?
The Turkish Civil Code (TMK) divides the grounds for divorce into two groups: specific grounds linked to particular events (TMK Arts. 161–165) and the general ground known as the irretrievable breakdown of the marriage (TMK Art. 166). For some specific grounds, the right to sue is subject to short deadlines:
| Ground for divorce | Legal basis | Deadline and special condition |
|---|---|---|
| Adultery | TMK Art. 161 | 6 months from learning of it, and in any case 5 years from the act; a spouse who has forgiven cannot sue |
| Attempt on life, severe maltreatment or seriously degrading conduct | TMK Art. 162 | 6 months from learning of it, and in any case 5 years; a spouse who has forgiven cannot sue |
| Commission of a crime and living a dishonourable life | TMK Art. 163 | A degrading crime or a dishonourable life, so that the other spouse cannot be expected to live with them; the case can be filed at any time |
| Desertion | TMK Art. 164 | Separation of at least 6 months; a warning through a judge or notary after the 4th month; no case before 2 months from the warning |
| Mental illness | TMK Art. 165 | Life together has become unbearable, and an official medical board report establishes that the illness is incurable |
| Irretrievable breakdown of the marriage | TMK Art. 166/1 | The marriage has broken down to such a degree that the spouses cannot be expected to continue their life together |
| Life together not resumed after a dismissed case | TMK Art. 166/4 | 1 year from the date the dismissal became final |
In practice, most cases are based on the general ground; specific grounds can be raised in the same petition alongside it. The period in TMK Art. 166/4 was reduced from three years to one year by Law No. 7532 of 14/11/2024.
If the ground for divorce is proven, the judge grants either a divorce or a judicial separation. The claimant may ask for separation only from the outset (TMK Art. 167); if the case concerns divorce, the judge may order separation only if there is a possibility that the spouses will resume their life together (TMK Art. 170). Separation is ordered for a period of one to three years, and if life together has not resumed by the end of that period, either spouse may file for divorce (TMK Arts. 171 and 172).
Why is fault so important?
In a contested case, the court determines which spouse was at fault, and to what extent, for the events that led to the divorce. Fault directly affects many outcomes of the case:
- Objection to the case: In a case based on the general ground, if the claimant is more at fault, the defendant may object. If the objection amounts to an abuse of rights and there is no longer any interest worth protecting in continuing the marriage, the divorce may still be granted (TMK Art. 166/2).
- Compensation: The spouse who is not at fault or is less at fault may claim pecuniary compensation, and the spouse whose personality rights were violated may claim non-pecuniary compensation, from the spouse at fault (TMK Art. 174).
- Post-divorce maintenance: The spouse claiming it must not be more at fault (TMK Art. 175).
Custody, on the other hand, is decided according to the best interests of the child, not according to fault.
What evidence is used in a divorce case?
In a divorce case, the judge cannot treat a ground for divorce as proven unless they are convinced in conscience that it exists; the parties’ admissions do not bind the judge, and the evidence is freely assessed (TMK Art. 184). Commonly used evidence includes:
- Statements of witnesses who personally saw or heard the events; statements based on hearsay carry little weight
- Messages, emails and social media posts sent to you by your spouse
- Photographs and video recordings
- Bank and credit card records
- Medical reports, police reports and protection orders
All evidence should be listed in the petitions. Evidence submitted late may only be admitted if it is not intended to delay the proceedings or if the delay was not the party’s fault (Code of Civil Procedure (HMK), Art. 145).
The problem of unlawfully obtained evidence
Evidence obtained unlawfully cannot be taken into account by the court in proving a fact (HMK Art. 189/2). In the case law of the Court of Cassation, recordings obtained by secretly installing spyware on the spouse’s phone, taking over their password, or using a hidden camera or tracking device are generally considered unlawful. Messages sent to the person themselves, on the other hand, can as a rule be submitted as evidence.
Decisions on this issue vary with the facts of each case; borderline situations, such as information seen on a device left open in the family home or a voice recording made during a sudden threat, are assessed on their specific circumstances. Such methods may also constitute the offence of violating the confidentiality of communications or of private life (Turkish Criminal Code (TCK), Arts. 132–134). For this reason, the lawfulness of the method should be assessed separately before gathering evidence.
Which court hears the case?
Divorce cases are heard by the family courts; where no family court has been established, these cases are heard by the designated civil court of first instance (Law No. 4787, Art. 2). The competent court is the court of the place of residence of either spouse or of the place where the spouses lived together for the last six months before the case (TMK Art. 168).
If one of the spouses is a foreign national, the international jurisdiction of the Turkish courts is also determined by this rule (Turkish Code on Private International and Procedural Law (MÖHUK), Art. 40). The law applicable to the divorce is the spouses’ common national law; if the spouses have different nationalities, the law of their common habitual residence applies, and failing that, Turkish law. Turkish law applies to interim measures during the case (MÖHUK Art. 14).
What stages does a contested divorce case go through?
A divorce case is heard under the written procedure and usually consists of the following stages:
| Stage | What happens? | Deadline and legal basis |
|---|---|---|
| Statement of claim | The ground for divorce, the events, the evidence and the custody, maintenance and compensation claims are set out | Deadlines for specific grounds still apply |
| Statement of defence | The defendant submits their defence and evidence | 2 weeks from service; a one-time extension of up to 1 month (HMK Art. 127) |
| Reply and rejoinder | The parties may expand their claims and defences | 2 weeks each (HMK Art. 136) |
| Preliminary examination | Procedural requirements, the points in dispute and the evidence to be gathered are determined; the parties are encouraged to settle | HMK Arts. 137–140 |
| Taking of evidence | Witnesses are heard, records are obtained and, if necessary, a social investigation report is prepared | As a rule, no more than 3 months between hearings (HMK Art. 147/3) |
| Oral proceedings and judgment | The parties are asked for their final words and the judgment is delivered | HMK Art. 186 |
| Appeal (istinaf) | Review by the regional court of appeal | 2 weeks from service of the reasoned judgment (HMK Art. 345) |
| Appeal on points of law (temyiz) | Review by the Court of Cassation | 2 weeks from service of the regional court’s decision (HMK Art. 361) |
During the taking of evidence, the court may obtain a report from a psychologist, pedagogue or social worker on the children’s situation (Law No. 4787, Art. 5); the views of a child with sufficient understanding may also be heard. Once the judgment becomes final, it is recorded in the civil registry.
How long does a contested divorce take?
It is not possible to give a fixed duration for a contested divorce case. The exchange of the four petitions alone can take several months, and in a significant proportion of cases the first-instance proceedings take more than a year. Once appeals to the regional court of appeal and the Court of Cassation are added, the total duration can reach several years. The main factors that extend the duration are:
- Failure to serve the defendant or the witnesses, in particular service on a spouse living abroad
- A large number of witnesses and hearing witnesses in other cities through letters rogatory
- The social investigation report, expert examination and hearing the children
- A counterclaim or the joinder of other cases
- The court’s workload and the use of appeals
Under a rule that entered into force in 2026, the period between hearings cannot, as a rule, exceed three months; in unavoidable situations such as a lengthy expert examination or a letter rogatory, the judge may set a longer period by giving reasons (HMK Art. 147/3). Where an appeal is filed only against ancillary rulings such as maintenance or compensation, in practice the divorce ruling itself may become final earlier.
If the spouses agree on all consequences of the divorce while the case is pending and the legal requirements are met, the case may be concluded as an uncontested divorce.
What measures are taken while the case is pending?
Once a divorce case is filed, the judge orders, on their own initiative, the interim measures needed for the duration of the case, in particular regarding the spouses’ housing and maintenance, the management of their property and the care and protection of the children (TMK Art. 169). The main measures are:
- Interim maintenance: Paid for the spouse and children while the case is pending; in practice, fault is not examined for interim maintenance.
- Temporary custody and contact: It is decided which parent the children will stay with during the case and how they will see the other parent.
- Home: It may be decided which spouse will use the family home while the case is pending.
- Property measures: Where there is a risk of assets being hidden or transferred, a precautionary annotation on the land registry records of real estate may be requested.
If there is violence or a risk of violence, protective measures such as a removal order can also be requested separately under Law No. 6284.
How are custody, maintenance, compensation and the property regime decided?
Together with the divorce decision, the court also rules on the ancillary consequences of the divorce:
- Custody: Decided according to the best interests of the child; contact between the child and the parent not awarded custody is arranged (TMK Art. 182). In practice there are decisions awarding joint custody where the conditions are met, but there is no uniform approach.
- Child support: The parent not awarded custody contributes to the child’s care and education expenses according to their means (TMK Art. 182).
- Post-divorce maintenance: May be claimed by the spouse who would fall into poverty because of the divorce, provided that they are not more at fault (TMK Art. 175). The Constitutional Court has annulled the word “indefinitely” in this article; the annulment will enter into force on 30/6/2027.
- Pecuniary and non-pecuniary compensation: May be claimed together with the divorce; for claims brought after the divorce decision becomes final, the limitation period is one year (TMK Art. 178).
Liquidation of the matrimonial property regime is a separate case. The regime of participation in acquired property ends on the date the divorce case was filed (TMK Arts. 202 and 225); the division of property is decided in a separate liquidation case heard apart from the divorce case, once the divorce decision has become final.
Before filing the case
In a contested divorce, the preparation that most affects the outcome is done before the case is filed: not missing the six-month deadlines for specific grounds, gathering evidence lawfully and stating the requests for interim measures clearly in the petition are important. Since new legislation on divorce procedure is being discussed publicly, the provisions in force should be checked before filing. For an assessment specific to your case, you can contact our office.
