Istanbul Divorce Lawyer

The decision to terminate the marriage union and divorce is not only a legal procedure for individuals; It is also one of the most difficult, emotional and exhausting turning points in life. In this sensitive process, vital decisions are made such as the future of children, custody disputes, alimony and compensation requests, and the sharing of financial savings built over years of effort.

The most common mistake during the divorce process is taking wrong steps based on hearsay or peer pressure. It should not be forgotten that many cases in family courts are not based on the claims of the other party; It is lost due to a single sentence spoken at the wrong time or procedural errors made at the petition stage. In this sense, we offer a professional service with our expert divorce lawyer staff in Istanbul.

As Attorney Mehmet Emin Kurşun Law Firm, we manage the consensual and contested divorce processes of our clients throughout Istanbul with professional care, keeping their human sensitivities and the best interests of the children at the top, preventing loss of rights and securing your future.

What Should Be Considered Before Filing a Divorce Case?

The steps taken before filing for divorce can directly affect the outcome of the case. In this process, not only the decision to divorce is given; Many important issues such as custody, alimony, compensation, property division, jewelry, family residence and personal relationship with the child should be evaluated together. For this reason, before filing a lawsuit, the economic situation of the parties, the needs of the children, the property acquired during the marriage and the faulty behavior of the other party should be carefully analyzed.

One of the most common mistakes made during the divorce process is filing a lawsuit without preparing evidence. Especially in contested divorce cases, the alleged events must be supported by witnesses, message records, social media correspondence, bank transactions, assault report, police station report or official records. In cases filed without legal evidence, even the rightful party may have difficulty proving their claims.

The joint assets of the spouses should also be carefully examined before filing a lawsuit. Immovable properties, vehicles, bank accounts, company shares, jewelery and investment assets acquired during the marriage must be identified in order to avoid loss of rights during the divorce process. If there is a risk of property loss, protective legal remedies such as precautionary injunction and family residence annotation should be considered while filing a lawsuit.

In addition, before filing for divorce, attention should be paid to social media posts, messaging and conversations with the other party. Messages written in anger, threatening statements, insults or behavior that makes children take sides may be used as evidence against the person during the litigation process. For this reason, a legal strategy should be determined before the divorce process begins and every step should be taken in a controlled manner.

How Long Does Divorce Cases Take and How Does the Process Work?

Divorce cases are basically divided into two: Consensual Divorce and Contested Divorce. Consensual divorce cases, in which the spouses are in full agreement on all issues such as custody, alimony, compensation and property division, are concluded in a single hearing within 1 to 2 weeks, with a professional protocol. However, since there are more contested divorce cases in practice, one of the most frequently asked questions by citizens is How long does a contested divorce case take? is the question. Contested divorce cases where the spouses cannot reach an agreement take an average of 1.5 to 2 years, depending on the workload of the family courts of the first instance in the courthouses in Istanbul such as Çağlayan, Kartal and Bakırköy.

• Types of Divorce: Consensual or Contested?

When you decide to file for divorce, the most important distinction before you is the type of case. In order to complete the process quickly and without wear and tear, it is necessary to know the conditions of these two types very well:

A. Consensual Divorce Case and the Importance of the Protocol (TBK article 166/3)

Least It took 1 year It is the type of lawsuit filed in marriages if the spouses fully agree on all the financial and legal consequences of the divorce. Completion of the process without any problems in a single hearing, the documents that will be presented to the court completely Consensual Divorce Protocol depends on the quality. So how is a consensual divorce protocol prepared? The following issues must be clearly decided in the protocol, leaving no room for doubt:

Child Custody and Contact Arrangement: Who will have custody and what days and hours the other spouse will meet with the child (establishing a personal relationship).

Alimony and Compensation Amounts: Participation alimony (for the child), poverty alimony (for the spouse) and the amounts of material/moral compensation to be paid.

Goods Sharing: How to divide the house, vehicle, bank accounts and jewelry (gold) acquired during the marriage union.

B. Contested Divorce Case and Special Reasons

• The Most Sensitive Issue in Divorce Case: Child Custody and Alimony

The biggest concern of the parents during the litigation process is the situation of the children. Turkish law bases its decision on custody on the principle of "The Best Interest of the Child" rather than the wishes of the mother and father.

What is Considered When Making a Custody Decision?

The court has a Social Investigation Report (SIR) prepared by a committee consisting of pedagogues and social workers. The following criteria are decisive in this report and the judge's decision:

• Child's Age and Care Need: As a rule, custody of children who are especially in need of maternal care and affection (infancy and pre-school) is given to the mother, unless there is a serious defect or danger in the mother's lifestyle that would hinder the child's development.
• Preservation of Habitual Order: It is not desired to sever the child's connection with school life, social environment and siblings.
• View of the Child of Cognitive Age: Children aged 8 and above are personally advised by court experts. "Who would you like to live with?" question is asked and the child's preference plays a big role in the decision.

What are the Types of Alimony?

• Precautionary Alimony: It is a type of alimony temporarily ordered by the judge for the spouse and children who will have financial difficulties while the case is ongoing.
• Poverty Alimony: It is the alimony awarded in favor of the spouse who will fall into poverty due to divorce and who is less at fault or faultless than the other party in the divorce.
• Participation Alimony: It is alimony that allows the spouse who is not given custody to participate in the education, health and care expenses of the child in proportion to his/her ability.

Most Common Mistakes in Consensual Divorce Protocol

In order for consensual divorce cases to be concluded quickly, the parties must clearly agree on all legal and financial consequences. However, in practice, many people regulate their important rights in the protocol incompletely or unclearly, as they only focus on finalizing the divorce in a short time. This situation may lead to the emergence of new disputes after the divorce.

One of the most common mistakes in the consensual divorce protocol is that alimony and compensation issues are not written clearly. It should be clearly stated whether the parties demand alimony, child support, material compensation or non-pecuniary compensation from each other. If one of the parties waives these rights, the waiver statement must be prepared consciously and without any hesitation.

Another important mistake is to leave the days of personal contact with the child unclear. Statements such as "The father will meet with the child at appropriate times" or "the parties will agree among themselves" may cause serious problems in the future. It should be clearly written on which days, between which hours, and with whom the child will stay during holidays, semester breaks and summer holidays.

Sharing of property and jewelery should also be clearly regulated in the protocol. Using vague statements about the house, vehicle, bank savings, company shares or gold purchased during the marriage may lead to a separate lawsuit being filed after the divorce. For this reason, the protocol should clearly state which goods will be inherited by whom, the amount if payment will be made and the payment date.

One of the riskiest mistakes made in the consensual divorce protocol is that the parties sign a general disclaimer stating "we have no rights or claims against each other" without fully knowing its meaning. Such statements may make it difficult to assert claims for alimony, compensation, jewelery or property division in the future. Therefore, while preparing the protocol, attention should be paid not only to the divorce itself, but also to the financial and personal consequences after the divorce.

Rights that may be requested in a divorce case and things to consider

Divorce is not just about ending the marriage union. Parties may make many legal demands within the divorce case or through separate lawsuits to be filed after the divorce. Asserting these rights at the right time and in the right way prevents any loss of rights that may occur at the end of the case.

Each of these claims is subject to different legal conditions and rules of proof. Therefore, when filing for divorce, not only the divorce decision but also the financial and personal consequences of the divorce should be planned together. Incomplete or late requests, especially regarding custody, alimony, compensation and property sharing, may lead to a prolongation of the litigation process and loss of rights.

• Order of Evidence and Proof: Lawful Evidence Plan

In a contested divorce case, being right is not enough; You have to prove your rightness in front of the court. Some of the most frequently asked questions are: How to prove infidelity in divorce case 2026? Can WhatsApp messages be used as evidence in a divorce case? Turkish courts do not accept evidence obtained through illegal means (for example, records obtained through spyware secretly installed on the spouse's phone) as evidence.

Strong and Legal Evidence That Can Be Used in Divorce Case:

• SMS, WhatsApp, e-mail correspondence and social media messages sent by spouses to each other.
• Witness statements before the court of people (family members, neighbors, friends) who have personally witnessed the disputes and events between spouses.
• Official police hotel records showing that the spouse stayed at the hotel with another person.
• In case of economic or physical violence, assault reports and police station complaint reports obtained from the coroner's office.

Emergency Protection in Case of Violence (Law No. 6284): We request protection and restraining orders within the scope of Law No. 6284 for spouses who are at risk of physical, psychological or economic violence, before or immediately after filing a divorce case. This decision is taken quickly, without any fees or evidence.

Supreme Court in 2026 According to the jurisprudence of 2018, while one spouse's use of physical violence against the other constitutes a 'grave fault', it appears that trust-shattering behaviors (social media use, suspicious messaging, etc.) are now subject to a more rigorous 'obligation of fidelity' control. It has become an established practice that courts require each party to separately prove their individual flaws within the marital union (witnesses, message transcripts, records) in decisions made solely on the grounds of 'incompatibility'. As the office, the most common files we follow are

Again, in the Supreme Court practices of 2026, the balance between the social and economic situation of the plaintiff spouse and the 'fault rates' in claims for material and moral compensation has now evolved into a more mathematical calculation method. The Supreme Court emphasizes that the economic power of the parties and the gains acquired during the marriage should be evaluated within the framework of the 'principle of equity' when determining the amount of compensation.

• Liquidation of Company Shares, Investments and Luxury Assets

Sharing company partnerships, stock market portfolios, crypto assets and luxury properties acquired during marriage after divorce requires extremely complex calculations.

How to Share Company Shares?

• Personal Property / Acquired Property Distinction: Company shares owned before marriage or inherited are personal property and cannot be shared. However, the dividends obtained from these personal shares during the marriage are considered acquired property and are included in the liquidation table.
• Valuation Procedure: In non-public companies, the determination of share value is made by expert financial advisors. Net asset value is calculated after deducting the company's debts. The other spouse cannot become a direct partner in the company; He/she will only have the right to receive cash participation receivables at the rate of half of the calculated share value.

The following formula is used as the basis for mathematical calculation of the participation receivable:

Participation Receivable = Residual Value / 2

Here;

Surplus Value = Acquired Goods - Debts

• Precautions Cannot Be Placed on Company Properties (2026 Supreme Court Decision): One of the most common mistakes in divorce cases is to request a precaution against the assets of the company in which the defendant spouse is a partner. Supreme Court of Appeals and Istanbul and Adana BAM Legal Offices According to the current decisions of 2026; Precautionary measures cannot be taken in a divorce case on real estate, factories or vehicles owned by limited or joint stock companies that are not parties to the case. The injunction decision can only be made by the debtor shareholder spouse. private company shares (share ledger record) and may be imposed on dividends. This precedent decision definitively prevents the activities of a commercial enterprise from being locked down due to a divorce case.
• Portfolios and Cryptocurrencies in the Stock Exchange:

Stock accounts and crypto assets in the stock market are within the scope of sharing if acquired within the marriage. The spouse who claims that the money in the investment account is premarital savings or personal inheritance must prove this claim with official bank statements; Otherwise, the entire portfolio will be considered as acquired property and will be liquidated in half.

• Detection of Abduction of Property (Collusion) and Protection of Rights in Divorce

When it comes to the divorce stage, the most common method used by malicious spouses is to transfer real estate, vehicles or company shares to their relatives or third parties they trust in a collusive manner (for a low price).

Anti-Smuggling and Cancellation Mechanisms:

• Temporary and Indefinite Withdrawal (TMK Article 229): Extraordinary unrequited gains (donations) made without the consent of the other spouse within the last year before the divorce case is filed are considered direct property evasion and are included in the sharing account as if they had never been sold. In addition, even if it is older than 1 year, all malicious transfers that are proven to have been made with the sole intention of reducing the other spouse's participation receivables will be added to the liquidation table without a time limit.
• Precautionary Injunction: As soon as the divorce and property division case is filed, we request the court to urgently issue a precautionary injunction on the title deed records, vehicle registrations and bank accounts in order to prevent the spouse's malicious sales.
• Family Residence Annotation: In order to prevent your spouse from selling, mortgaging or unilaterally terminating the rental agreement in which you live together, a rental or freehold residence without your consent, we ensure that a family residence annotation is immediately made to the title deed with a unilateral application.

Family Courts in Istanbul and Average Case Durations

Note: Consensual divorce cases are finalized in a single hearing (on average within 1-2 weeks) in all courthouses in Istanbul, provided that the parties are personally present at the hearing.

You can contact the expert and experienced Istanbul Divorce Lawyer staff of Attorney Mehmet Emin Kurşun Law Firm to protect your rights during the termination of your marriage, to secure the future of your children in custody and alimony disputes, and to avoid unfair losses during property sharing processes.

Frequently Asked Questions (FAQ)

In which courthouse is the divorce case filed in Istanbul?

In a divorce case, the competent court is the court of residence of one of the spouses or the family court of the place where they lived together for the last 6 months before the case. The file is heard in Çağlayan, Kartal, Bakırköy or another courthouse in Istanbul; It is determined according to the residence address of the parties, last common residence and jurisdiction rules.

Can a consensual divorce really end in a single hearing?

Yes, if the parties have agreed on all the consequences of the divorce, if the marriage has lasted at least 1 year and if the prepared protocol is found appropriate by the judge, a consensual divorce can often be concluded in a single hearing. However, if there are deficiencies in the protocol regarding custody, alimony, compensation, property sharing or personal relationship with the child, the judge may request correction or the case may become contentious.

How long does a contested divorce case take?

The duration of contested divorce cases varies depending on the scope of the file, number of witnesses, collection of evidence, social investigation report, expert examination and the workload of the court. Contested divorce cases in family courts in Istanbul can take an average of 1.5 to 2 years. This period may be extended if there are appeal and appeal processes.

Who gets custody in a divorce case?

Regarding custody, the court takes into account the best interests of the child rather than the wishes of the mother or father. The child's age, educational status, routine, relationship with his/her siblings, mother and father's care opportunities, social examination report and the opinion of the child of cognitive age are evaluated together. Therefore, the custody decision is made according to the specific conditions of each case.

Is it necessary to be perfect to receive alimony in divorce?

The spouse requesting alimony must not be more seriously at fault than the other spouse in the divorce. The spouse who will fall into poverty due to divorce may request alimony depending on his economic situation, unless he is more seriously at fault. The main criteria for child support paid for the child are the needs of the child and the financial power of the parties.

In what cases is material and moral compensation requested in divorce?

The spouse who is at fault or less at fault, whose current or expected interests are damaged due to the divorce, may request financial compensation. If there is behavior that constitutes deception, violence, serious insult, humiliation or attack on personal rights, non-pecuniary damages may be claimed. However, in order for compensation claims to be accepted, the connection between fault, damage and events must be demonstrated with evidence.

Can WhatsApp messages be evidence in a divorce case?

WhatsApp messages, SMS, e-mail and social media correspondence can be used as evidence in a divorce case if they are obtained in accordance with the law. However, secretly accessing the spouse's phone, cracking the password, using spyware or recording by illegal methods may result in the evidence being deemed invalid and may also lead to legal liability.

What should be done if there is a risk of property loss before filing for divorce?

If there is a risk of property loss, precautionary measures may be requested on real estate, vehicles, bank accounts or company shares while filing a lawsuit. Additionally, family residence annotation should be evaluated for joint family residence. Such protective measures help prevent a spouse from weakening the other spouse's right to claim by transferring assets to third parties during the divorce process.

Who owns the wedding gold in case of divorce?

Regarding jewelery, each file is evaluated according to its own evidence. It is important who keeps the gold worn at the wedding, whether it is exchanged or not, whether it is used for the marriage union and whether the parties have an agreement on this issue. The party claiming jewelry must support his claim with witnesses, photographs, videos, bank records or similar evidence.

Can spouses stay in the same house while the divorce case is ongoing?

Yes, filing for divorce does not necessarily require spouses to live in separate homes. However, if there is violence, threat, pressure or situations that pose a risk to children, precautions may be requested from the court. In necessary cases, removal, protection or temporary allocation of the common residence to one of the spouses may be requested within the scope of Law No. 6284.

Is it mandatory to hire a lawyer in a divorce case?

It is not legally required to hire a lawyer in a divorce case. However, since issues such as custody, alimony, compensation, property division, company shares, jewelry receivables, presentation of evidence and procedural periods may lead to loss of rights, it is important that the process be carried out with an expert divorce lawyer. Especially in contested divorce cases, incorrect petitions, missing evidence or applications not filed in due time can directly affect the outcome of the case.