Uncontested divorce in Türkiye: conditions and process

Deciding to end a marriage is never easy; but when spouses can agree on the divorce itself and its consequences, the process is shorter and far less painful. The third paragraph of Article 166 of the Turkish Civil Code allows the divorce to be granted at a single hearing in that case. An uncontested divorce still has statutory conditions, however, and how the protocol is drafted can have consequences years after the divorce. This article explains the conditions, the content of the protocol and the steps of the process.

The four conditions of an uncontested divorce

How is the one-year period counted?

The year runs from the date of the marriage and must have passed by the date the case is filed. If the marriage has lasted less than a year, an uncontested divorce is not possible even if the spouses agree on everything. Divorce is then possible only on a general or specific statutory ground, which must be proved - because by law, admissions by the parties do not bind the judge in divorce proceedings.

Uncontested or contested?

	Uncontested divorce	Contested divorce
Number of hearings	Usually one	Several, with witnesses and evidence
Proof	No need to prove grounds for divorce	Fault and events must be proved
Duration	Depends on the hearing date; usually short	Can take years including appeals
Privacy	Private life is not argued at the hearing	Private life enters the file through witness evidence
Outcome	Agreed by the parties, reviewed by the judge	Decided by the judge

What must the protocol cover?

The protocol is the constitution of the divorce. Every point left vague or incomplete can become the subject of a new lawsuit after the divorce. The table below shows the headings that must be addressed.

Topic	What to write	Watch out
Custody	Which parent will have custody of the child or children	The child's best interests prevail; the judge may change it.
Personal contact	Weekends, religious holidays, school breaks, birthdays, phone and video calls	Vague wording such as "on days to be agreed" causes problems in practice.
Child maintenance	Monthly amount, payment date, method and annual increase	Without an increase mechanism, a new lawsuit will be needed later.
Spousal maintenance	Amount, increase and any time limit, or a mutual waiver	Any waiver must be stated expressly. Since the Constitutional Court's 2026 ruling on indefinite maintenance, setting out the duration expressly has become more important.
Material and moral compensation	Amount and payment date, or a mutual waiver	State when and how payment is made.
Division of property	Home, vehicles, bank accounts, company shares, loans and debts	If matrimonial property claims are not addressed clearly and in detail, a separate lawsuit may follow.
Jewellery and personal belongings	Who keeps what, and when items are handed over	A written list prevents disputes.
Costs and attorney fees	Who bears them	It is common to state that neither party claims costs from the other.

Children come first

When approving the protocol, the judge is guided by the child's best interests. Custody and contact arrangements should suit the child's age, school routine and where each parent lives. Children old enough to form a view may need to be heard. In recent years the Court of Cassation has accepted joint custody in some cases where the spouses agree and it serves the child's interests.

The process step by step

The uncontested divorce process

Drafting the protocolCustody, contact, maintenance, compensation and property are discussed one by one and put in writing; both spouses sign the protocol.
Filing the caseThe petition and protocol are filed with the family court where either spouse lives or where they lived together for the last six months. Court fees and the advance on costs are paid.
Hearing dateThe court sets a hearing date, usually sooner where the spouses apply jointly.
The hearingThe judge hears the spouses in person and reviews their will and the protocol. The judge may propose changes; if the parties accept them, the divorce is granted.
FinalityThe judgment becomes final when the two-week appeal period from service expires. If both parties waive their right to appeal at the hearing, it can become final immediately.
Civil registryThe court notifies the civil registry of the final judgment, and the records are updated.

Can the judge change the protocol?

Yes. The law allows the judge to make the changes considered necessary in the interests of the parties and the children. A contact schedule contrary to the child's interests, or child maintenance too low to meet the child's needs, may be changed. These changes must, however, be accepted by the parties; if either spouse refuses, an uncontested divorce cannot be granted.

After the divorce

Surname: A divorced woman resumes her maiden name. If she proves that she has an interest in keeping her former husband's surname and that this will not harm him, the judge may allow her to keep it.
Waiting period: As a rule, a woman whose marriage has ended cannot remarry until three hundred days have passed. The period ends on giving birth; the court lifts it if she is shown not to be pregnant or if the former spouses wish to remarry each other.
Changing circumstances: Maintenance may be increased, reduced or ended if the parties' financial circumstances change or fairness requires. Custody arrangements may also be revisited if circumstances change. For more on types of maintenance and how they change, see our article on maintenance.

Frequently asked questions

Is a lawyer required for an uncontested divorce?

No, there is no legal requirement. But because a complete and workable protocol directly affects the years after the divorce, legal advice helps avoid future lawsuits.

Is divorce at a single hearing really possible?

Yes. If the conditions are met and the judge approves the protocol, the judgment can be given at the first hearing. If both parties waive the right to appeal, it can become final the same day.

Is an uncontested divorce possible if one spouse lives abroad?

It can be. But since the judge must hear the parties in person, how the spouse abroad will attend the hearing should be planned before the case is filed.

What happens if one spouse changes their mind before the hearing?

The spouses' agreement must continue until the judgment. If one withdraws, an uncontested divorce cannot be granted; the case may continue as a contested divorce, with the burden of proof that entails.

Can the protocol be changed later?

Matters such as maintenance and custody can be changed through a new lawsuit if circumstances change. Provisions on property and compensation, however, are generally final, so they should be considered carefully before signing.

Legislation and sources

Turkish Civil Code No. 4721: Art. 166/3 (uncontested divorce), Arts. 174-175 (compensation and maintenance), Art. 182 (custody), Art. 202 et seq. (matrimonial property)
Family Courts Law No. 4787: jurisdiction and procedure
Constitutional Court decision annulling the word "indefinitely" in Civil Code Art. 175 (Official Gazette 30.09.2026)

The current texts of Turkish laws and regulations are available on the official Legislation Information System, and decisions and amendments in the Official Gazette.

For drafting or reviewing a divorce protocol, please contact us. For other matters, see our Family Law page.

This article is for general information only and does not constitute legal advice. It reflects the law as at the date of publication; please consult a lawyer about your specific situation.

Uncontested divorce in Türkiye: conditions, the protocol and divorce at a single hearing