Divorce Lawyer

As a divorce lawyer in Mersin, I represent my clients in uncontested and contested divorce cases and in claims for custody, maintenance, compensation and division of property, from preparation before the case until the judgment becomes final. The decisions made in the divorce process affect not only the end of the marriage but also the children’s living arrangements and maintenance and property rights for many years. For this reason, the first step must be planned properly before the case is filed.

On this page you will find the types of divorce, the grounds for divorce, which court hears the case in Mersin and how it is conducted, the financial and personal consequences of divorce, and answers to frequently asked questions.

What Does a Divorce Lawyer in Mersin Help With?

• Preparing the uncontested divorce protocol and the hearing process
• Contested divorce case: petitions, evidence, witnesses and assessment of fault
• Custody and arrangements for personal contact with the child
• Claims for interim, child and post-divorce maintenance
• Compensation for financial and non-financial damage resulting from divorce
• Division of property: participation in acquired property, contribution claims and value increase claims
• Protection measures under Law No. 6284 in cases of domestic violence
• Recognition in Türkiye of divorce judgments given abroad

Uncontested or Contested Divorce?

A divorce case proceeds along one of two routes, depending on whether or not the spouses agree on the divorce and its consequences.

For an uncontested divorce (anlaşmalı boşanma, Turkish Civil Code (TMK) Art. 166/3), the marriage must have lasted at least one year, and the spouses must apply together or one spouse must accept the case filed by the other. The judge hears the spouses in person at the hearing and grants the divorce if he or she finds the protocol regulating custody, maintenance, compensation and division of property appropriate. For this reason, the spouses must attend the hearing in person. The process is usually completed in a single hearing; however, an incomplete or unclear clause in the protocol may lead to new cases later. For details, see the uncontested divorce page.

A contested divorce (çekişmeli boşanma), on the other hand, is filed where one of the spouses does not want to divorce or where no agreement can be reached on the consequences of the divorce. In these cases, the court assesses fault, the evidence, witness statements and the financial circumstances of the parties. If the parties reach agreement while the case is ongoing, the case can be converted into an uncontested divorce, provided the conditions are met. The stages of the process are explained on the contested divorce case page.

What Are the Grounds for Divorce?

The Turkish Civil Code divides the grounds for divorce into general and specific grounds:

• Irretrievable breakdown of the marriage (evlilik birliğinin temelinden sarsılması, Art. 166): This is the general ground most often relied on in practice. It must be proven that the shared life has broken down to such an extent that the spouses cannot be expected to continue it.
• Adultery (Art. 161): The right to file a case lapses six months after the spouse learns of it and in any event five years after the event. A spouse who has forgiven has no right to file.
• Attempt on life, severe ill-treatment or degrading conduct (Art. 162): The six-month and five-year periods also apply here.
• Committing a crime and living a dishonourable life (Art. 163)
• Desertion (Art. 164): The desertion must have lasted at least six months and a formal warning must have been given in accordance with the procedure.
• Mental illness (Art. 165): An incurable illness that makes shared life unbearable and is documented by an official medical board report.
• De facto separation (Art. 166/4): Where shared life has not been re-established even though three years have passed since a rejected divorce case became final.

The ground relied on directly affects the evidence, the time limits and the compensation claims. Missing the strict time limits (hak düşürücü süre) for the specific grounds removes the possibility of relying on that ground.

How Is a Divorce Case Filed? Step-by-Step Process

1. Preliminary assessment: The history of the marriage, the evidence, the children’s situation, income and assets are reviewed, and it is decided whether to proceed by uncontested or contested divorce.
2. Statement of claim: The ground for divorce, the events, the evidence and claims such as custody, maintenance and compensation are set out clearly in the petition. Claims not included in the petition can be raised later only within limited possibilities.
3. Court fees and advance on costs: When the case is filed, the filing fee and an advance on costs (gider avansı) for service of documents, witness and court-appointed expert expenses are paid. The amounts are set anew each year.
4. Exchange of pleadings: In contested cases, the other party responds within two weeks; then the reply and the rejoinder are submitted.
5. Preliminary examination and investigation: The disputed issues are identified, witnesses are heard and, if necessary, a social investigation report and a court-appointed expert’s report are obtained.
6. Judgment and appeal: An appeal to the regional court of appeal (istinaf) can be lodged within two weeks of service of the judgment, and an appeal to the Court of Cassation (temyiz) against the regional court’s decision where the conditions are met. The divorce is entered in the civil registry after the judgment becomes final.

Which Court Hears a Divorce Case in Mersin?

The court with subject-matter jurisdiction over divorce cases is the family court (aile mahkemesi). Where there is no family court, the civil court of first instance (asliye hukuk mahkemesi) hears the case acting as a family court. Under TMK Art. 168, 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.

Under this rule, if one of the spouses lives in Mersin, the case can be filed with the Mersin family courts; if the spouses spent the last six months in a district such as Tarsus, Erdemli, Silifke, Anamur or Mut, the case may also be heard by the court in that district. For clients living abroad or outside Mersin, meetings can be held online, documents can be sent electronically and the case is followed through the National Judiciary Informatics System (UYAP). In uncontested divorce, however, the spouses must attend the hearing in person, so the hearing date is planned accordingly.

Consequences of Divorce: Custody, Maintenance, Compensation and Division of Property

Custody and personal contact

In custody decisions, the court is guided by the best interests of the child (çocuğun üstün yararı). The child’s age, care needs, schooling, bond with each parent and living conditions are assessed; a child old enough to form views is heard, and in most cases a social investigation report (sosyal inceleme raporu) is prepared by a child development professional (pedagog) or social worker. The judgment also regulates personal contact between the child and the parent who is not granted custody. Details: child custody cases.

Maintenance

The following can be claimed: interim maintenance (tedbir nafakası, Art. 169) for the living costs of the spouse and children during the case; child maintenance (iştirak nafakası, Art. 182) as the contribution of the parent without custody to the child’s expenses after the divorce; and post-divorce maintenance (yoksulluk nafakası, Art. 175) for a spouse who would fall into poverty because of the divorce and whose fault is not greater. The amount of maintenance is determined according to the parties’ income and expenses and the child’s needs, and if circumstances change, an increase, reduction or termination can be requested. Details: maintenance cases.

Compensation for financial and non-financial damage

A spouse who is not at fault or less at fault and whose existing or expected interests are harmed by the divorce may claim compensation for financial damage, and a spouse whose personal rights have been violated by the events that caused the divorce may claim compensation for non-financial damage (Art. 174). Proof of fault is decisive in compensation claims.

Division of property

For the period after 1 January 2002, the statutory matrimonial property regime is participation in acquired property (edinilmiş mallara katılma); assets acquired in this period are as a rule divided between the spouses. For the earlier period, a contribution claim (katkı payı alacağı) may arise, as well as a value increase claim (değer artış payı). The liquidation of the property regime is usually heard in a separate case after the divorce judgment becomes final. Details: division of property.

It should also be noted that compensation and maintenance claims not dealt with in the divorce judgment are subject to a one-year limitation period from the date the divorce judgment becomes final (Art. 178).

Evidence in a Divorce Case

In contested cases, proving the allegations determines the outcome. Witness statements, text messages and email correspondence, social media content, photographs and recordings, medical reports of physical assault, bank transactions and income documents are commonly used evidence. However, evidence must be obtained lawfully; evidence obtained by means such as unauthorised access to the spouse’s phone or secret recordings may not only be unusable in the case but may also give rise to criminal liability. Which evidence will be submitted and how should be planned before the case is filed.

Urgent Protection Measures in Domestic Violence

If there is violence or a risk of violence, protective and preventive measures can be requested under Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women without waiting for a divorce case: for example, removing the perpetrator from the shared home, a restraining order, a no-contact order and temporary custody. The application can be made to the family court, or in urgent cases to the police or the Chief Public Prosecutor’s Office (Cumhuriyet başsavcılığı). These measures can also be requested while the divorce case is ongoing.

How Long Does a Divorce Case Take? Costs and Attorney’s Fees

Uncontested divorce cases are often concluded in a single hearing; the duration varies from a few weeks to a few months depending on the court’s hearing date. In contested cases, the duration can exceed one year because of the number of witnesses, social investigation and court-appointed expert reports, service of documents and appeals. It is not possible to give a definite timeframe.

Court costs consist of court fees and the advance on costs. The attorney’s fee is determined according to whether the case is uncontested or contested, the matters claimed and the work to be carried out, and it cannot be lower than the Minimum Attorney’s Fee Tariff of the Union of Turkish Bar Associations (Türkiye Barolar Birliği Avukatlık Asgari Ücret Tarifesi). Fees and cost items should be discussed clearly and in writing at the first meeting.

Documents to Prepare Before Filing a Case

Bringing the following documents to the first meeting allows your situation to be assessed quickly and accurately:

• A copy of your identity card and a civil registry record (nüfus kayıt örneği), which can be obtained via e-Devlet
• The date of marriage and the children’s birth details
• Payslips, tax and Social Security Institution (SGK) records showing the parties’ income
• Documents on title deeds, vehicle registrations, bank accounts and company shares
• Medical reports of physical assault and police and prosecution records, if any
• Messages, emails and social media records supporting the allegations
• Names and contact details of people who could be witnesses

It is important to keep records that may serve as evidence without deleting or altering them, and to take screenshots in a way that shows the date and the identity of the persons involved.

What Should an Uncontested Divorce Protocol Include?

In an uncontested divorce, if the judge does not find the protocol appropriate, the divorce is not granted; ambiguities in the protocol, on the other hand, lead to new cases after the divorce. At a minimum, the following matters should be regulated in the protocol clearly and in an enforceable way:

• Who will have custody and a detailed schedule for personal contact with the other parent, including days, times and holiday periods
• The amount of child maintenance, the payment date and the basis for the annual increase
• Whether post-divorce maintenance is claimed or not
• Claims for compensation for financial and non-financial damage
• The division of real estate, vehicles, bank accounts and household goods, and the settlement of claims arising from the property regime
• Who will bear the court costs and the attorney’s fee

General statements in the protocol that the parties “make no claims against each other” may lead to a loss of rights, particularly in respect of claims arising from the property regime. For this reason, the protocol should be reviewed legally before it is signed.

Divorce for People Living Abroad

If one or both spouses live abroad, the divorce case can be filed at the place of residence in Türkiye of one of the spouses or at the place where they lived together for the last six months. Because service on a spouse abroad is carried out through international conventions and consulates, the process may take longer. In contested cases, hearings can be attended through a legal representative; in uncontested divorce, however, the spouses must attend the hearing in person. If there is a divorce judgment obtained from a foreign court, it must be recognised in order to have legal effect in Türkiye.

Surname and Civil Registry Procedures after Divorce

After the divorce judgment becomes final, the court judgment is notified to the civil registry office (nüfus müdürlüğü) and the civil registry record is updated. A divorced woman returns to the surname she had before the marriage; however, if she proves that she has an interest in using her husband’s surname and that this will not harm the husband, she may ask the judge for permission to continue using that surname. Updates to identity cards, passports and bank records are also made after the judgment becomes final.

What Should You Consider When Choosing a Divorce Lawyer in Mersin?

Divorce cases require both legal knowledge and proper management of the process. When choosing a lawyer, I suggest paying attention to the following points:

• Regular work in family law: Following the current practice of the Court of Cassation (Yargıtay) on custody, maintenance and the matrimonial property regime.
• Planning before the case: A clear roadmap of which ground will be relied on in the petition, which claims will be raised and how the evidence will be submitted.
• Transparent communication: Discussing the likely duration of the process, the risks, and the fee and cost items openly from the outset.
• Realistic assessment: No assurances about the outcome. Under the professional rules for lawyers, no lawyer can promise the outcome of a case; promises of this kind are a warning sign.
• Accessibility: Regular updates on the status of the file and the hearings.

Frequently Asked Questions

Get an Assessment of Your Divorce Process

Knowing your rights, the possible consequences and the course of action before deciding to divorce prevents losses of rights that are difficult to remedy later. To have your situation assessed in uncontested or contested divorce, custody, maintenance and division of property, you can reach me through the contact page.