The family home and conduct before filing
Leaving the shared residence does not in itself amount to desertion under Turkish law. The circumstances of the departure, continued contact with the children and the handling of joint savings may nevertheless be examined when the court assesses fault.
The residence in which the family lives is a family home (aile konutu) regardless of which spouse holds title. It may not be sold, and its lease may not be terminated, without the other spouse's express consent, and that spouse may request an annotation on the land register (tapu).
Material obtained by accessing the other spouse's phone or accounts without permission may be excluded as unlawfully obtained evidence.
Applicable law in mixed-nationality marriages
Under the Turkish Code on Private International Law (MÖHUK), the grounds and effects of divorce are governed by the spouses' common national law; failing that, by the law of their common habitual residence; and failing both, by Turkish law.
A family court (aile mahkemesi) in Antalya may hear the case where either spouse is domiciled there. Marriage and birth certificates issued abroad generally require an apostille and a sworn Turkish translation before they can be filed.
Custody and relocation of children
Custody (velayet) is determined by the child's welfare rather than by the allocation of fault between the parents. The court may order a social investigation report and hear a child of sufficient maturity. A contact schedule is set for the non-custodial parent.
Removing a child from Türkiye without the other parent's consent may give rise to return proceedings under the 1980 Hague Convention on the Civil Aspects of International Child Abduction, to which Türkiye is a party. Where relocation is planned, the question should be raised within the proceedings so that the court can address it in the custody and contact arrangements.
Maintenance and marital property
Interim maintenance may be ordered while proceedings are pending. After the decree, child maintenance and, for a spouse who would suffer hardship and is not more at fault, poverty maintenance may be awarded. Either may later be increased or reduced if financial circumstances change. Maintenance is set by reference to the parties' income and the child's needs.
The statutory regime of participation in acquired property ends on the date the divorce action is filed. Assets acquired after that date fall outside the calculation, so records for that date, including accounts held abroad, should be obtained early. The property claim is heard in a separate action.
Protection orders and post-decree matters
Measures under Law No. 6284 are available without a pending divorce. Applications may be made to the family court, the public prosecutor or the police, and no documentary proof of violence is required for a protective order. An initial order lasts up to six months and may be extended.
Claims arising from the divorce are time-barred one year after the decree becomes final. A divorce granted abroad is not entered in Turkish civil records until it has been recognised. Meetings are held by appointment at the office in Konyaaltı.