Introduction: Why is Divorce Law the Most Frequently Asked Question in Türkiye?

Divorce cases are the most discussed legal area in Turkish society, attracting significant emotional, economic, and social interest.
Each year, over 600,000 individuals face divorce proceedings, and the process involves numerous disputes concerning alimony, child custody, property division, and compensation.

The most frequently asked questions in Google searches are:

• How many days does an amicable divorce take?

• How long does a contested divorce take?

• How is alimony determined?

• What criteria are used to grant custody?

• How is property divided?

• What are the consequences of infidelity in divorce?

• How is compensation calculated in a divorce?

• Who will buy the house?

This article provides comprehensive explanations to all these questions in light of the Turkish Civil Code, Supreme Court precedents, and current practices.

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I. Types of Divorce Cases

Divorce cases in Türkiye are divided into two main groups:

1. Mutual Divorce

Terms and conditions:

• The marriage must have lasted at least one year

• The parties must agree on everything

• A protocol must be prepared

• The judge should listen to the parties in person

Advantages:

• Results are usually obtained within 1-2 weeks

• There is no dispute

• Litigation costs are low

• It is less psychologically damaging

Things that absolutely must be included in the protocol:

• Types of alimony (poverty-contribution)

• Custody and personal relationship

• Property division

• Compensation (material and moral)

• Sharing the house and belongings

• Surname arrangement

The Supreme Court may declare an incomplete protocol invalid .

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2. Contested Divorce

These are all divorces where the parties cannot reach an agreement.

Average duration:
1–3 years (may be longer depending on evidence, expert opinions, and witnesses).

Contested divorce cases revolve around the following issues:

• Reason for divorce

• Custody

• Alimony

• Property division

• Compensation

• Spouse leaving home

• Allegations of violence

• Deception (adultery)

• Domestic psychological violence

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II. Grounds for Divorce (Turkish Civil Code Articles 161–166)

In the Turkish Civil Code, grounds for divorce are classified as follows:

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1. Adultery (Cheating)

This is the most serious ground for divorce.
If proven, the fault lies entirely with the cheating spouse.

Evidence:

• WhatsApp conversations

• Camera footage

• Hotel records

• Phone records

• Witness statement

• Compass – photo – location records

The Supreme Court considers the level of "strong suspicion" sufficient.

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2. Attempted Murder – Severe Ill-Treatment – ​​Humiliating Behavior

One spouse inflicting physical or severe psychological violence on the other.

Examples:

• Fists and slaps

• Kicking someone out of the house

• Excessive jealousy

• Humiliation

• Swear

• Threatening

In these cases, the other party's fault is very serious.

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3. Abandonment (Leaving Home)

If one spouse leaves the marital home for at least six months without a valid reason, this constitutes grounds for divorce

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4. Mental Illness

Divorce is possible in cases of incurable illnesses that make cohabitation impossible.

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5. Fundamental Breakdown of the Marital Union (Most Common Reason)

This applies to couples whose trust, love, and respect for each other have completely disappeared.

The Supreme Court interprets this as "the marriage can no longer continue in a healthy way."

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III. Custody in Divorce – What Criteria Does the Judge Consider?

Custody the "best interests" .

The criteria considered by the judge:

1. Child's age

2. Education system

3. Maintenance capacity

4. Suitability of the family environment

5. Parent-child relationship

6. Psychological state

7. The child's perspective (especially ages 8+)

8. Pedagogical report

9. Living conditions of the parties

General trend:

Custody is more likely to be granted to the mother in the 0-3 age range; however, this is not a rule.

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IV. Types of Alimony in Divorce Cases

There are three types of alimony in Türkiye:

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1. Interim Alimony

It is provided during the trial.

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2. Alimony (Poverty Support)

It is given to the spouse who will fall into poverty due to divorce.

Duration:

It is unlimited.
However:

• If the spouse remarries

• She becomes a widow but lives as if she were still married

• If his income increases

• If injustice occurs

removable.

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3. Child Support (Alimony)

It is provided for the child's education, health, and care expenses.
It can continue until the child completes their higher education.

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V. Division of Property (Participation in Acquired Property Regime)

Property regime applicable to marriages after 2002:

➡ Regime of Community in Acquired Property

According to this, assets acquired during marriage are divided equally.

Goods included in the sharing:

• House, car, land

• Bank accounts

• Savings

• repaid loans

• Work incomes

Goods not included in the sharing:

• Personal property

• Heritage

• Donation

• Assets owned before marriage

Property division is not handled together with the divorce case; a separate case is filed.

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VI. Material and Moral Compensation in Divorce

Conditions required for a compensation claim:

1. The other party is more at fault.

2. Harm resulting from divorce

3. A causal link must exist between the fault and the damage.

Monetary compensation:

It is for economic losses.

Moral damages:

It is given in cases such as humiliating behavior, violence, or deception.

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VII. Evidence and the Court of Cassation's Approach

Evidence is crucial in divorce cases.

Valid evidence:

• WhatsApp screenshots

• Audio recording (must be legally compliant)

• SMS, email

• Photos

• Witness testimony

• Hospital reports

• Camera recordings

• Police records

Invalid evidence:

• Unauthorized evidence of privacy violation (e.g., hidden camera footage from inside the home)

The Supreme Court rejects illegally obtained evidence

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VIII. Why Does a Contested Divorce Take So Long?

• Incomplete evidence

• Witnesses did not appear

• Pedagogical report

• The large number of witnesses

• Complex property and alimony claims

• Debates about faults

• Expert reports

For these reasons, a contested divorce case takes between 1 and 3 years.

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IX. Adultery and Supreme Court Case Law

According to the Supreme Court:

• WhatsApp messages

• Hotel records

• Being together late at night

• Continuous communication

• Candid photos

This can be considered sufficient evidence of adultery.

If adultery is proven:

• Compensation increases

• Alimony rates vary

• The blame is entirely placed on the cheater

  Conclusion

  Divorce law is a very sensitive area, both emotionally and legally.
  To manage the process correctly:

  • Proper preparation of evidence

  • Complete arrangement of protocols

  • Strong evidence is required to support alimony and child custody claims

  • Professional planning of property division

  It is necessary.

  The outcome of a divorce is a crucial decision that will affect the rest of both parties' lives and should absolutely be handled with professional legal support.