Family Law and Dispute Resolution: Unparalleled Excellence in Istanbul and Throughout Turkey
Welcome to Attorney Aziz Emre YILMAZ & Associates, where our Family Law and Dispute Resolution team stands as the ultimate standard-bearer of excellence in Istanbul and across Turkey. With an unwavering commitment to guiding families through their legal journeys, we proudly hold the distinction as the premier authority in family law matters.
Exceptional Expertise: Our team of seasoned family law attorneys brings an unmatched depth of expertise to every case we handle. Recognizing the intricacies of family dynamics and legal complexities, we possess an intimate understanding of Turkish family law, enabling us to provide you with the highest level of legal counsel and representation.
Compassionate Guidance: What sets us apart as the best in Istanbul and Turkey is our unwavering dedication to your well-being. We recognize that family law matters can be emotionally challenging, and our compassionate approach ensures that you receive not only legal expertise but also the empathy and support you need during these sensitive times.
Navigating Complexity: From divorce and child custody to inheritance disputes and prenuptial agreements, our family law experts are adept at untangling the complex web of legal issues that often arise within families. We provide strategic guidance, personalized advice, and vigorous representation to help you achieve resolutions that protect your interests and uphold your family's harmony.
Proven Results: Our track record of successfully resolving family law cases speaks volumes about our dedication to achieving favorable outcomes for our clients. We have helped countless families find their way through even the most challenging situations, ensuring that their rights are preserved and their futures are secured.
Tailored Solutions: What truly distinguishes us as the best in Istanbul and Turkey is our commitment to crafting tailored legal strategies that align with your unique circumstances. We believe that one-size-fits-all solutions have no place in family law. Our personalized approach ensures that your needs, concerns, and goals are at the forefront of our legal guidance.
Your Trusted Partners: When you choose Attorney Aziz Emre YILMAZ & Associates for your family law needs, you are choosing an unwavering advocate dedicated to preserving the well-being of your family. Our team is here to guide you through the legal process, offering expertise, support, and solutions that empower you to move forward with confidence.
Elevate your family law experience with the best in the business. Choose Attorney Aziz Emre YILMAZ & Associates to navigate the complexities of family law in Istanbul and beyond. Your family's future starts with us.
A marriage concluded before an authorized public officer may only be terminated by a court judgment through the filing of either an uncontested (mutual) or contested divorce action where one of the general or specific grounds for divorce regulated under the Civil Code exists. A divorce case is a type of lawsuit conducted before the family courts under procedural rules different from those applicable to other private law disputes.
Upon filing a divorce action, legal matters that are ancillary to divorce—such as alimony, pecuniary and non-pecuniary compensation, division of household goods, and similar issues—must also be resolved. A divorce action gives rise to new legal consequences between the spouses. For instance, since the date on which the divorce action is filed is deemed the liquidation date of the matrimonial property regime, assets acquired after the filing of the divorce action are excluded from the division of property between the spouses.
When the family court renders a divorce decision following the trial, it must issue a ruling that eliminates all disputes other than the division of property. A property division lawsuit, however, must be pursued either after the divorce judgment becomes final or as a separate lawsuit even if filed concurrently with the divorce case.
Grounds for Divorce
Pursuant to Turkish Civil Code No. 4721, a divorce action may be filed in two ways:
Uncontested (Mutual) Divorce
Contested Divorce
An uncontested divorce, as explained in detail in this article, is a type of divorce in which both parties terminate the marriage by mutually agreeing on all consequences of the divorce.
A contested divorce, on the other hand, is a type of lawsuit where disputes exist between the parties regarding fault, pecuniary and non-pecuniary compensation, alimony, custody, division of household goods, and similar matters. A contested divorce may be based on two categories of grounds: general or specific divorce grounds.
1. General Grounds for Divorce
General divorce grounds are not exhaustively enumerated by law. If the marital union has been shaken to such an extent that maintaining a shared life cannot reasonably be expected from the spouses, either spouse may file a divorce action based on general grounds. These include, without limitation: severe incompatibility, constant conflicts arising from personality differences, insults, violence, breach of trust, and failure to fulfill marital obligations.
2. Specific Grounds for Divorce
Specific divorce grounds are exhaustively listed in the law and include:
Divorce due to adultery (TCC Art. 161),
Divorce due to attempt against life, cruel or degrading treatment (TCC Art. 162),
Divorce due to commission of a crime or living a dishonorable life (TCC Art. 163),
Divorce due to abandonment (TCC Art. 164),
Divorce due to mental illness (TCC Art. 165).
Specific and general grounds for divorce produce different legal consequences. Where a specific ground exists, the claimant does not need to prove fault—only the existence of the specific ground. In contrast, where divorce is sought based on general grounds, fault must be proven.
A. Uncontested (Mutual) Divorce – Definition and Procedure (TCC Art. 166/3)
Uncontested divorce is the most common form of divorce today. If the marriage has lasted at least one year, and the spouses jointly apply or one spouse accepts the other’s lawsuit, the marriage is deemed irretrievably broken. The court may grant divorce provided that it hears the spouses in person, verifies that their will is freely expressed, and finds the arrangements regarding the financial consequences of divorce and the children suitable. The judge may amend the agreement in line with the interests of the parties and the children, provided the amendments are accepted by the parties. In such case, divorce is granted, and the rule that confessions do not bind the judge does not apply (TCC Art. 166/3).
Conditions for an Uncontested Divorce
a. Minimum one-year duration of marriage
The marriage must have lasted at least one year from the official marriage date. Religious marriage, engagement, or cohabitation periods are not counted.
b. Joint application or acceptance of the lawsuit
Uncontested divorce may be achieved either by joint application or by one spouse accepting the claims raised by the other. Even if a divorce action was initially contested, the parties may later submit an uncontested divorce protocol or record their agreement during the hearing.
c. Declaration of divorce intent before the judge
Spouses must personally declare their intention to divorce before the court. As divorce is a strictly personal right, attorneys cannot substitute for the parties in declaring such intent.
d. Judicial approval of financial arrangements and children’s status
Matters such as compensation, alimony (child support and poverty alimony), custody, and visitation must be approved by the judge. If the parties do not accept judicial amendments, the case converts into a contested divorce.
B. Contested Divorce and Its Grounds
A contested divorce may be based on general or specific (absolute) grounds.
Where specific grounds listed in Arts. 161–165 of the Civil Code are proven, the judge must grant divorce or separation. The claimant need not prove fault—proof of the specific ground suffices.
If both general and specific grounds are invoked, the court must rule separately on each claim. Failure to do so constitutes grounds for reversal, as confirmed by Supreme Court precedents.
However, if a lawsuit is filed solely based on a specific ground, the court cannot sua sponte grant divorce based on general grounds unless the claim is amended accordingly.
1. General Grounds for Divorce (TCC Art. 166)
If the marriage has irretrievably broken down to the extent that continuation of joint life cannot be expected, either spouse may seek a contested divorce.
Where the claimant is more at fault and the defendant objects to divorce, the case is dismissed unless the objection constitutes an abuse of right and no legally protectable interest remains for the defendant or children (TCC Art. 166/2).
Examples of situations recognized by the Supreme Court as general divorce grounds include:
Breach of trust,
Avoidance of sexual relations,
Coercion into unnatural sexual acts,
Abuse or insults toward family members,
Excessive indebtedness,
Declaring lack of love,
Neglect of household duties or child care,
Disclosure of marital secrets,
Alcohol addiction,
Gambling,
Aggressive or disrespectful conduct,
Failure to establish an independent residence,
Infertility or impotence.
2. Specific Grounds for Divorce
a. Adultery (TCC Art. 161)
Adultery occurs when a spouse engages in sexual relations with someone other than their spouse. Even conduct creating a strong appearance of adultery may suffice.
The action must be filed within six months of learning of the act and no later than five years after its occurrence. Forgiveness eliminates the right to sue based on adultery.
b. Attempt on Life, Cruel or Degrading Treatment (TCC Art. 162)
These include intentional acts threatening life, acts causing physical or psychological suffering, or severely humiliating conduct. The limitation period is six months from discovery and five years from the act.
c. Commission of a Crime or Dishonorable Life (TCC Art. 163)
Crimes causing social disgrace (e.g., theft, fraud, sexual crimes, drug offenses) or a persistent immoral lifestyle may justify divorce at any time. Forgiveness does not bar the claim.
d. Abandonment (TCC Art. 164)
Divorce due to abandonment requires uninterrupted abandonment for at least six months, formal notice, and failure to return without valid excuse.
e. Mental Illness (TCC Art. 165)
If a spouse suffers from incurable mental illness making cohabitation unbearable, as proven by an official medical board report, divorce may be granted at any time.