İzmir divorce lawyer Av. Gökhan Vural represents foreign spouses and mixed couples before the family court, whether you and your spouse agree on everything (an uncontested divorce) or not (a contested divorce). Foreigners can divorce in Turkey, and the court in İzmir can hear the case when either spouse lives in İzmir or the couple lived here during the last six months. If you were already divorced abroad, the decision must be recognised before it takes effect in Turkish records.
Last updated: 1 November 2026 · Legal review: Av. Gökhan Vural, İzmir Bar Association, registration no. 15813
Key Takeaways
- An uncontested divorce requires a marriage of at least one year, a joint application or acceptance, and the judge’s approval of your agreement on money and children.
- Without agreement, or with a shorter marriage, the case is a contested divorce based on the breakdown of the marriage.
- For foreign spouses, the grounds and effects of divorce follow their common national law, then the law of their common habitual residence, and otherwise Turkish law.
- A foreign divorce is not automatically valid in Turkey; it needs recognition by a court or, in some cases, by the civil registry.
- İzmir is one of the cities where a recognition case can be filed when the other spouse has no address in Turkey.
Thinking about a divorce, or need a foreign divorce registered in Turkey? Message us on WhatsApp for a confidential first conversation in English.
Uncontested vs contested divorce in İzmir: what is the difference?
An uncontested divorce (anlaşmalı boşanma) is one where both spouses agree to divorce and agree on its terms; a contested divorce (çekişmeli boşanma) is one where they do not. Both are heard by the family court.
| Uncontested divorce | Contested divorce | |
|---|---|---|
| Length of marriage | At least one year | No minimum |
| Agreement | Both spouses agree to divorce and on money and children; the judge approves the protocol | No agreement needed; the marriage must have broken down |
| Hearing | The judge hears both spouses in person | Your lawyer represents you, though the court may still hear you |
| Evidence | The signed protocol | Evidence and witnesses; fault affects compensation and alimony |
Uncontested divorce
Under the Turkish Civil Code (Law No. 4721), the marriage is treated as broken down if it has lasted at least one year and the spouses apply together, or one spouse accepts the other’s case. The judge must hear the parties in person and approve the arrangements for the financial consequences and the children. The judge may change the agreement where needed to protect the spouses and the children, and the divorce is granted if both parties accept those changes.
The agreement (protocol) is the core of the case. It should cover custody, contact with the children, child support, any alimony or compensation, and how property is divided. A badly drafted protocol is a common reason for a hearing to be postponed.
Contested divorce
Either spouse may sue if the marriage is so fundamentally shaken that the couple cannot be expected to continue living together. A contested case involves evidence, witnesses and arguments about fault, which affects compensation and alimony. If the plaintiff is more at fault, the defendant may object to the case; the divorce can still be granted if the objection is an abuse of right and the marriage no longer offers any interest worth protecting for the defendant and the children. Since the 2024 amendment (Law No. 7532), if a divorce case on any ground was dismissed and the couple have not resumed living together for one year after that dismissal became final, the marriage is deemed broken down and the divorce is granted at either spouse’s request.
For a wider overview of family matters across the country, see our page on the work of a family lawyer in Turkey.
Where to file the lawsuit in case of divorce?
You file at the family court (aile mahkemesi) where either spouse is domiciled, or where the spouses lived together for the last six months before filing. In İzmir this means the İzmir family courts. Where there is no family court, a designated civil court of first instance hears the case. The İzmir family courts sit in an annex building of the courthouse, not in the main building: Gültekinler Plaza, Mansuroğlu Mahallesi, 286/1 Sokak No: 12, Bayraklı/İzmir.
Can foreigners file for divorce in Türkiye?
Yes. Foreign nationals living in Turkey, and couples where one spouse is Turkish, can file for divorce in a Turkish court. Under the Turkish private international law (Law No. 5718), the grounds and effects of divorce are governed by the spouses’ common national law. If their nationalities differ, the law of their common habitual residence applies, and otherwise Turkish law. Under Article 14 of that law, the same rule also governs alimony between divorced spouses and custody issues on divorce, while interim measures (such as temporary alimony or custody during the case) are always governed by Turkish law.
In practice this means two British spouses divorcing in İzmir may have British law applied to the grounds, while a British–Turkish couple living in İzmir will usually have Turkish law applied. The question of applicable law should be settled before the case is filed. If you married in Turkey, our guide to getting married in Turkey explains how the marriage was registered.
Is it possible to divorce without traveling to Türkiye?
Partly. A lawyer can file and run the case for you under a power of attorney, and in a contested case much of the work happens without you. In an uncontested divorce, however, Article 166 of the Civil Code requires the judge to hear both spouses in person, so you must attend the hearing yourself.
A power of attorney signed abroad must be issued at a Turkish consulate, or by a local notary with an apostille and a sworn Turkish translation. For countries outside the Apostille Convention, such as Iran, consular legalisation is needed instead; the Ministry of Foreign Affairs certification guidance explains both routes.
How are custody, child support and alimony decided?
Under Article 182 of the Turkish Civil Code, the court decides custody and contact with the children after hearing both parents where possible, and after hearing the guardian and the guardianship authority if the child is under guardianship. Contact for the parent without custody is arranged mainly in the child’s interests, especially health, education and moral upbringing. The court also warns the parents that if the contact arrangement is not respected, custody may be changed, provided this is not against the child’s interests.
The parent without custody must contribute to the child’s care and education costs according to their means (child support, iştirak nafakası). On request, the judge can set in advance how much the payments will be in future years, based on the parties’ social and economic situation.
Between the spouses:
- Material compensation (Article 174): the spouse who is not at fault, or less at fault, and whose existing or expected interests are harmed by the divorce may claim appropriate compensation from the spouse at fault.
- Moral compensation (Article 174): a spouse whose personal rights were attacked by the events that led to the divorce may claim an appropriate sum from the spouse at fault.
- Poverty alimony (yoksulluk nafakası, Article 175): a spouse who would fall into poverty because of the divorce may claim alimony without a time limit, in proportion to the other spouse’s financial means, provided their own fault is not heavier. The paying spouse does not need to be at fault.
Are foreign divorce decisions recognized in Türkiye?
Yes, but not automatically. A divorce granted abroad has no effect in Turkish records, and a Turkish spouse cannot remarry in Turkey, until it is recognised. There are two routes:
A foreign divorce has no effect in Turkey until it is recognised. Until then the Turkish civil registry still shows you as married, and a Turkish spouse cannot remarry in Turkey.
Recognition by the court (tanıma)
Under Law No. 5718 (Articles 50, 51, 54 and 58), a recognition case is filed at the court of first instance where the other spouse is domiciled in Turkey, or failing that where they reside. If they have neither a domicile nor a residence in Turkey, the case can be filed in Ankara, İstanbul or İzmir. The court checks that:
- the decision is final under the law of the country that issued it;
- it was not given on a matter within the exclusive jurisdiction of Turkish courts, and, if the other spouse objects, it was not given by a court that took jurisdiction without any real connection to the case or the parties;
- it is not clearly contrary to Turkish public order;
- the other spouse was properly summoned and represented, and the decision was not given in their absence in breach of that country’s law, if they object on these grounds.
Recognition does not require reciprocity between Turkey and the other country. Enforcement (tenfiz) is a separate step, needed when the decision also orders payments such as alimony, and it does require reciprocity through a treaty, a law or actual practice in that country.
Recognition at the civil registry (Article 27/A route)
Under Law No. 5490 on Civil Registration Services, a final divorce decision can be recorded through the civil registry without a court case. This route covers only the divorce itself, not custody, alimony or compensation. The spouses apply jointly, or a Turkish spouse alone if the other spouse is a foreign national or has died. If neither spouse lives in Turkey, the application can be made in one of the designated provinces, which include İzmir. If the registry refuses, a court case remains available. The route exists to record the divorce in the Turkish civil registry, so it is used where one spouse is a Turkish citizen. If both spouses are foreign nationals, recognition is done through the court. The application is also refused if a court case about the same decision is pending or has been dismissed in Turkey.
| Recognition by the court | Civil registry (Article 27/A) | |
|---|---|---|
| Who applies | A spouse files a case against the other spouse | Both spouses jointly, or a Turkish spouse alone if the other is foreign or has died |
| What it covers | The divorce and its effects; payments such as alimony need enforcement (tenfiz) | The divorce only, not custody, alimony or compensation |
| Where | The court where the other spouse lives in Turkey; otherwise Ankara, İstanbul or İzmir | The civil registry; designated provinces, including İzmir, if neither spouse lives in Turkey |
| When it fits | Required where both spouses are foreign nationals | Only where one spouse is a Turkish citizen; a court case remains available if refused |
The foreign decision, with its finality note, needs an apostille and a sworn Turkish translation.
How does an İzmir divorce lawyer help foreign clients?
We act for foreign spouses and mixed couples in English and Turkish, and for Farsi and Arabic speakers through an interpreter. As an İzmir lawyer, our work includes:
- Uncontested divorce, including drafting the divorce protocol on custody, support and property.
- Contested divorce cases.
- Property division claims after divorce.
- Alimony and child support claims.
- Custody and contact with the children, including arranging how children are handed over.
- Material and moral compensation claims.
- Recognition and enforcement of foreign divorce decisions, or the civil-registry application.
- Advising which law applies and where to file, and preparing powers of attorney from abroad.
Av. Gökhan Vural (İzmir Bar Association, no. 15813) is also a notary-authorised English–Turkish sworn translator, and the office handles apostille for documents that can be apostilled. A foreign divorce decision can therefore be translated and filed by the same office; see our page on our work as a translator in Turkey. Send your documents first over WhatsApp; if the matter needs a lawyer, we tell you the fee at the end of the conversation.
İzmir Divorce Lawyer FAQ
Do both spouses need to attend court?
In an uncontested divorce, the law requires the judge to hear the parties in person, so both should plan to attend. In a contested divorce, your lawyer represents you, although the court may still want to hear you.
Which law will be applied during the divorce process?
The spouses’ common national law; if they have different nationalities, the law of their common habitual residence; otherwise Turkish law.
Is my foreign divorce valid in Turkey automatically?
No. It must be recognised by a Turkish court, or recorded through the civil registry route where that route is available.
What is the difference between tanıma and tenfiz?
Tanıma (recognition) gives the foreign decision effect in Turkey, for example to update civil-registry records. Tenfiz (enforcement) is needed when you want to collect money or enforce an order in the decision.
Do I need an apostille from the US or UK?
Yes, the foreign decision and supporting documents must be apostilled in the issuing country and then translated into Turkish by a sworn translator.
Contact an İzmir divorce lawyer
To discuss your divorce or recognition case in İzmir, message us on WhatsApp (+90 530 949 29 91), call the office on +90 533 301 52 23, or use our contact page. Our office is at Yılmazoğulları İşhanı, 848. Sk. No:45, Kat:2, D:206, Konak Mah., 35250 Konak/İzmir.
This page gives general information and is not legal advice for your specific case.