Getting Divorce in Turkey

the results of divorce proceedings in Turkey
Turkish lawyers help with divorce

Dear visitors of our website! In order to clarify the procedure of divorce in Turkey, we offer you an article devoted to actions that can be taken after all the divorce proceedings have been completed.

At the end of the divorce proceedings, the copy of the court decision must be sent to the Civil Registration Office (Nüfüs Müdürlüğü). After the formal dissolution of marriage, former spouses have an opportunity to marry again.

However, according to Article 132/1 of the Turkısh Civil Code, a divorced woman has no right to marry during 300 days since the court decision has been issued. Waiting period of 300 days is valid only for women. However, if a divorced woman is not pregnant, the court may cancel the waiting period.

According to article 173 of the Turkish Civil Code, a divorced woman is not permitted to use the surname of her husband after the court issues a formal decision on divorce.

One of the questions the foreign women ask the most often concerns the problems of child custody after the divorce in Turkey. Ther common fear is to separate from the child after being divorced. We have written the separate article on this topic.

A divorced woman is obliged to revert to her former surname. However, if a divorced woman is able to prove that the use of her husband's surname gives her certain benefits and does not bring any harm to the reputation of her ex-husband, the court may allow the woman to continue using the surname. One of the important consequences of divorce is the fact that divorced spouses lose their right of inheritance.

The property division proceedings also take place only after the court issues the formal divorce decree.

Compensation for moral damages.

As we have mentioned in the previous article, common causes of divorce in Turkey are: violation of personal rights, violence, insulting and rude behaviour.

In this case, the affected spouse is entitled to receive compensation for moral damages. But the court should definitely admit that the spouse applying for compensation is less guilty. If both of the spouses are equally guilty, they don't have a right to get the compensation for moral damage anymore. The right of getting material compensation is equal both for men and women. The amount of compensation is calculated by the court according to the financial and social position of the spouse, who has to pay the compensation.

We will give some examples of cases when it is possible to apply for the compensation for moral damages.

  • Adultery.
  • Beating a spouse, physical abuse.
  • Insults, bad attitude, disrespectful behavior.

Compensation for material damage

If a less guilty spouse loses existing or potential material benefits because of divorce, there is a possibility to apply for material compensation. For example, when one spouse is deprived of financial support because of divorce, when the spouse loses the rights of inheritance or forced to change the usual standard of living, social status and so on. The compensation has to be paid by the guilty spouse, the amount of compensation is also based on the financial and social position of the spouse. Men and women also have equal rights to obtain this type of compensation. The spouse who is in need of material support after the divorce as well as the children have a right to obtain alimony in Turkey.