How to File for Divorce: Court, Documents and Grounds

If you are considering divorce, knowing how the process works and which steps to take helps protect your rights and keep the case on track. This article covers filing under the Turkish Civil Code: competent court, required documents and grounds. A divorce case starts when one spouse files a petition with the competent Family Court seeking to end the marriage. The petition must state concrete divorce reasons and facts, and set out clear claims for maintenance, custody and compensation. Under the principle that the court is bound by the claims, it cannot rule on matters not in the petition. A complete petition is therefore critical. In Ankara, a family-court file should be structured correctly from the start.

Divorce may be filed at the Family Court of either spouse’s domicile or where the spouses last lived together for six months. Filing in the wrong court can trigger a venue objection, transfer and delay. Choosing the right court at the outset matters.

Typically you prepare the petition, a civil registry extract, identity details, evidentiary materials (messages, photos, reports), a witness list and, if counsel is retained, a notarised power of attorney. Complete, accurate evidence can directly affect the outcome. • Petition • Civil registry extract and identity details • Evidence (messages, photos, reports, etc.) • Witness list • Notarised power of attorney if represented

Under the Civil Code, grounds split into absolute (specific) and relative (general). On absolute grounds, once the facts are proved the judge usually grants divorce. Adultery (Art. 161): breach of fidelity; suit within 6 months of learning, and in any event 5 years. Attempt on life, ill-treatment or degrading behaviour (Art. 162): physical or severe psychological violence; same 6-month / 5-year limits. Crime and dishonourable life (Art. 163): when the lifestyle becomes intolerable for the other spouse. Desertion (Art. 164): leaving the home and not returning for 6 months; a formal warning is required. Mental illness (Art. 165): incurable illness that makes marriage intolerable.

On relative grounds the judge assesses whether the marriage can continue. The most used is Art. 166: irretrievable breakdown — constant conflict, disrespect, loss of trust and other unsustainable situations. A separation order allows living apart for 1–3 years before divorce; the marriage continues and civil status does not change. If the spouses do not reunite, a new divorce suit may follow. On absolute grounds the judge does not order separation. Uncontested divorce often ends in one hearing within 1–3 months. Contested cases with witnesses, evidence and experts usually take 1–2 years; maintenance, custody and property division can extend that.

Divorce is not only ending a marriage; it has serious legal consequences. Choose the correct legal ground, prepare evidence early, write claims completely and manage the process professionally. The court will not decide claims omitted from the petition. Correct venue, complete documents and clear claims directly affect the result. In Ankara, Karınca Law Firm in Çankaya recommends planning petition, venue and evidence strategy from the outset. • Choose the competent family court correctly • State maintenance, custody and compensation clearly • Base absolute vs relative grounds correctly • Prepare a complete evidence and witness list • Uncontested ~1–3 months; contested often 1–2 years