Divorce in Turkey for Foreigners: Jurisdiction, Applicable Law and What to Do if You Are Served (2026)

More and more divorce cases in Turkey involve a foreign spouse — a foreign national married to a Turkish citizen, two foreigners living in Turkey, or a couple where one spouse has moved abroad. These cases raise questions that a purely domestic divorce does not: Can a Turkish court hear the case? Which country's law applies? What happens if I live abroad and receive papers from a Turkish court? This guide answers these questions based on the current Turkish legislation.

Can a foreigner get divorced in Turkey?

Yes. Nationality alone does not prevent a divorce case in Turkey. Under Article 168 of the Turkish Civil Code, the competent court in divorce cases is the court of the domicile of either spouse, or of the place where the spouses last lived together for six months before the case was filed. Divorce cases are heard by the Family Courts (Aile Mahkemesi); in districts without a family court, the civil court of first instance hears the case in its capacity as a family court.

In practice, this means that if one spouse lives in Denizli, or the couple last lived together in Denizli for six months, the Denizli Family Courts can hear the case — even if the other spouse now lives abroad.

Which country's law applies?

The applicable law is determined by Article 14 of the Turkish Code on Private International and Procedural Law (Law No. 5718):

• If both spouses have the same nationality, the law of that country applies.
• If they have different nationalities, the law of their common habitual residence applies.
• If there is no common habitual residence, Turkish law applies.

The same rule governs maintenance (alimony) claims between divorced spouses and custody issues arising in the divorce. Nationality and habitual residence are assessed as of the date the case is filed. So, a Turkish court may apply foreign law in some cases — which is why the facts about each spouse's nationality and residence should be clarified at the very beginning.

Grounds for divorce under Turkish law

Where Turkish law applies, a divorce must be based on a ground recognised by the Turkish Civil Code (Articles 161–166):

• adultery;
• attempt on life, severe ill-treatment or degrading behaviour;
• commission of a crime or leading a dishonourable life;
• abandonment;
• mental illness;
• irretrievable breakdown of the marriage — the most commonly used ground.

The judge assesses the evidence freely, and the parties' admissions on the grounds for divorce do not bind the court (Civil Code Art. 184). Fault matters: it affects claims for compensation and maintenance.

Uncontested vs contested divorce

Uncontested divorce (anlaşmalı boşanma) is possible if the marriage has lasted at least one year, the spouses apply together or one accepts the other's case, and the judge hears both spouses in person and approves their agreement on custody, maintenance, property and compensation. When the protocol is complete, the case can often be concluded in a single hearing — although timing depends on the court's workload.

Contested divorce (çekişmeli boşanma) involves exchanging written pleadings, collecting evidence and hearing witnesses, and usually takes considerably longer. Either party may appeal the decision to the Regional Court of Appeal and then to the Court of Cassation.

Served with Turkish divorce papers abroad: first steps

If you live abroad and receive a divorce petition from a Turkish court, time is the most important factor:

1. Note the date of service. Under Article 127 of the Code of Civil Procedure, the period to file a response is two weeks from service of the petition. An extension of up to one month may be granted only if requested within that period.
2. Keep everything you received — the envelope, cover letter and any proof of delivery. The method of service abroad can itself be legally significant.
3. Find the court name and case number (for example, "Denizli 4. Aile Mahkemesi, Esas No: 2026/…"). A lawyer can review the court file with this information.
4. Consider a counterclaim — see the next section.
5. Avoid sending messages to your spouse about the case that could be used as evidence.

Missing the response period can mean losing the right to raise certain defences and evidence, so seek advice as soon as possible.

Counterclaim: you can also file for divorce and make your own claims

Responding to your spouse's petition is only a defence. If you also want the marriage to end on your terms, or you have claims of your own, you can file a counterclaim (karşı dava) against your spouse — in other words, your own divorce case within the same proceedings.

When and how: Under Article 133 of the Code of Civil Procedure, a counterclaim is filed either in the response petition or by a separate petition within the response period. A counterclaim filed after this period is separated from the main case. In practice, this means the counterclaim must be ready within the same two weeks as the response.

What you can claim (where Turkish law applies):

• Divorce based on your spouse's fault — so the court assesses both spouses' conduct, not only the version in your spouse's petition.
• Custody of the children, and child maintenance (iştirak nafakası) — a monthly amount the parent who does not have custody pays towards the child's care, upbringing and education (Civil Code Art. 182).
• Temporary maintenance during the case (tedbir nafakası) — because divorce cases can take a long time, the court can order monthly support for a spouse and/or the children while the case is pending, together with other interim measures such as housing and arrangements for the children (Civil Code Art. 169).
• Maintenance for yourself after the divorce (yoksulluk nafakası) — monthly support from your former spouse if the divorce would leave you in financial hardship, provided your fault is not heavier than theirs (Civil Code Art. 175).
• Pecuniary (financial) compensation, if your existing or expected interests are harmed by the divorce and you are not at fault or less at fault (Civil Code Art. 174/1).
• Non-pecuniary (moral) compensation, if your personality rights were violated by the events that led to the divorce (Civil Code Art. 174/2).

Two cases, one proceeding: The main case and the counterclaim are heard together by the same court, and the evidence and witnesses are examined in the same proceedings. The court decides on both cases in a single judgment, assessing the fault of both spouses. Without a counterclaim, the court only rules on your spouse's claims — and you may lose the opportunity to raise your own claims in these proceedings.

Costs: A counterclaim involves its own court fees. For compensation claims, the court fee is calculated as a percentage of the amount claimed, so the higher the compensation claimed, the higher the fee.

Children, custody and international cases

In custody decisions, the court is guided by the best interests of the child, and it usually orders a social inquiry report. Where a child has been moved from one country to another, separate proceedings under the 1980 Hague Convention on the Civil Aspects of International Child Abduction may be running in parallel in the other country. These proceedings concern the child's return, not the merits of custody, and their outcome can affect the divorce case. Coordination between your lawyers in both countries is essential.

Recognition of a foreign divorce in Turkey

A divorce granted abroad does not automatically change your status in the Turkish civil registry. There are two routes:

• Administrative registration: Under Article 27/A of the Population Services Law (No. 5490), a final foreign divorce decision can be registered directly by Turkish consulates abroad or designated civil registry offices in Turkey — if the spouses apply together (or, where one spouse is a foreigner or deceased, the Turkish spouse applies alone), the decision was given by a competent authority, is final, and is not clearly contrary to Turkish public policy.
• Recognition action: If administrative registration is not possible, a recognition case is filed before the Turkish courts under Articles 50–58 of Law No. 5718. The court examines, among other things, whether the decision is final, whether it is contrary to public policy, and whether the defendant was duly summoned and represented abroad.

Handling the case from abroad

You do not usually need to travel to Turkey. With a power of attorney issued at a Turkish consulate, or before a notary with an apostille and a sworn Turkish translation, a lawyer can file and pursue the case, attend hearings and access the electronic court file (UYAP) on your behalf. Note that an uncontested divorce requires both spouses to be heard in person by the judge.

We communicate with clients in English in writing, by e-mail or WhatsApp, so you have a written record of the advice; an interpreter can be arranged for calls where needed.

Frequently Asked Questions

Can a foreigner file for divorce in Turkey?

Yes. If either spouse is domiciled in Turkey, or the couple last lived together in Turkey for six months, the Turkish family courts are competent (Civil Code Art. 168). The applicable law depends on the spouses' nationality and habitual residence (Law No. 5718, Art. 14).

I received Turkish divorce papers abroad. How long do I have to respond?

The response period is two weeks from service (Code of Civil Procedure Art. 127). A one-time extension of up to one month may be requested within that period. Act quickly and keep all documents showing how and when you were served.

Can I file my own divorce case if my spouse has already filed one?

Yes. You can file a counterclaim in your response petition or by a separate petition within the response period (Code of Civil Procedure Art. 133). Both cases are heard together, and you can claim custody, child maintenance, maintenance for yourself and pecuniary and non-pecuniary compensation.

Is my foreign divorce valid in Turkey?

It must be registered in Turkey — either administratively through a consulate or civil registry office (Law No. 5490, Art. 27/A), or through a recognition case before the Turkish courts (Law No. 5718).

How long does a divorce take in Turkey?

An uncontested divorce with a complete protocol can often be concluded in one hearing; a contested divorce usually takes much longer, especially if appealed. Duration depends on the court's workload and the facts of the case, so no fixed timeline can be guaranteed.

Can we communicate in English?

Yes — in writing, by e-mail or WhatsApp. Where a call is needed, we can arrange an interpreter.

This article provides general information and is not legal advice. Every case depends on its own facts.