Divorce Process in Turkey

Divorce Process

Wait Term for the Law / Family Civil Registry Board

Divorce is the end of the marriage upon the given court verdict.

Divorce date is the issue date of court verdict. If there is divorce verdict from the foreign courts, the definitive divorce date is taken as issue date of this foreign verdict. Turkish courts' recognization and approval date is counted as foreign court's divorce date.

Beginning of the Legal Waiting Term

300-day long legal wait term of the woman starts as of the divorce verdict date.

Registration of the Divorce into the Family Registry Board

Divorce decision is arranged in two copies by the court chief clerk and then sent to the civil registry directorship to be registered into the family registration board.

Condition of the Divorced Wife

Surname and House to Return after Divorce

Registry of "divorced wife" who was already registered into her former husband's registry board, gets closed and it will be moved back to the first registry board. She takes her maiden name back.

If the widow-wife gets divorced, she will be moved back to her previous registry board and she can have her maiden name back if she is allowed to have it by the court.

If the court lets the wife to carry her husband’s surname, wife goes back to the place where she was registered before the marriage with her husband’s surname. Her registry in this place is regenerated back.

Thoughts about the court’s verdict are written into the civil registry board upon the filling out the VGF-40 form.

House to Return for the Adopted Wife after Divorce

Incase of the divorce of a woman who is adopted, following official steps will be followed:

a) Due to the 743 serial numbered Turkish Civil Law’s article, if the wife was adopted; she goes back to the registration house of the person who adopted her with adopting person’s surname or her husband’s surname as she was permitted to do so by the court.

In case of divorce of a woman married while she was widow or divorce of a woman who is adopted due to the 743 serial numbered Turkish Civil Law’s article, she goes back to the household of the adopting person, and if the court let her to carry her divorcing husband’s surname, she can go back there with her husband’s surname.

b) Due to the 4721 serial numbered Turkish Civil Law’s article, if the wife was adopted;

1 With her maiden name,

2 In the court verdict, if there is a command saying that the person can have the surname of the adopting guardian, registered with guardian’s surname,

3 If the court let her to carry her husband’s surname, with her husband’s surname,

Registered and goes back to adopting guardian’s civil board.

Divorce of a woman who was widowed before the marriage, and a woman who is adopted while she is married, due to the 4721 serial numbered code of Turkish Civil Law;

1 With her maiden name,

2 In the court verdict about the adopting, if there is a command that is saying she can have surname of the adopting guardian, with the surname of guardian,

3 If the court let her to carry her husband’s surname, with her husband’s surname,

Registered and goes back to adopting guardian’s civil board, then she goes back to adopting guardian’s registry board.

Divorce of a Recognized Wife

During the process of divorce of a recognized married wife, following steps will be followed:
If the court let her to carry her husband’s surname together with her recognized father’s surname, she can go back to her father’s registry place with her husband’s surname.

In case divorce of a woman marrying while she is widow or being recognized while she is recognized due to the 743 serial numbered Turkish Civil Law; she goes back to the her father’s registry board with recognizing father’s surname. If the court let her carry her husband’s surname, she goes back to her father’s registry board with her husband’s surname.

Divorce of a Wife Previously Holding Foreign Citizenship

In case of a divorce of a woman who earns Turkish Citizenship with her husband together, or earns with a marriage of a Turkish Citizen then registers in her husband’s registry board; she is registered under same family board with the next new family serial number and with the surname specified at the court’s verdict. If the court verdict does not carry a surname for her or divorce verdict is issued by a foreign court then recognized in Turkey, her maiden name is registered. However, her maiden name is not found, and divorced woman’s application is inconsistent, she is registered with her husband’s surname at the family board.

In case it is proven that the relevant person does not have a surname; an appropriate surname is assigned by the city governor upon the written request of the woman.

Personal Condition of a Divorced Wife
After the divorce, wife gets her maiden name back. If wife was widow before the marriage, she can ask for a permission to have her maiden name after the divorce.

If continuing usage of the husband's surname will benefit wife, and this situation will not harm the husband's reputation, wife can continue to use her husband's surname with her freewill.

If conditions change, husband may demand to lift this right of use.

Cancellation of a Divorce

Registration of the Verdicts about Divorce

In case of cancellation of the divorce, woman's registry will be moved to her husband's board of registry. Wife will get her husband's family name. If "wife" wants, she can use her maiden name before her husband's family name.

Chief clerk of the court arranges two copies of sample divorce cancellation verdict and send it the civil registry directorship. Then, this report will be registered into the family's registry board.

In case of divorce cancellation of a Turkish and foreign citizen, the cancellation verdict will be registered into the registry board of spouse who is Turkish. Both persons will be back to their status before the divorce.

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