Divorcing a Turkish Citizen as a Foreigner: Procedure, Property and Residence Permit

Short answer: a foreigner married to a Turkish citizen can file for divorce at the Turkish family court (Aile Mahkemesi) where either spouse lives or where the couple last lived together for six months, e.g. Alanya. If the couple lives in Türkiye, Turkish law usually applies. Divorce removes the basis of a family residence permit; after three years on it, a switch to a short-term permit is possible.

Last updated: 13 October 2026.

This article looks at divorce from the foreign spouse's side. For the general framework see marriage and divorce with a foreigner in Türkiye, and for recognising foreign divorce decisions see divorce and recognition for foreigners.

Which court handles the divorce?

Under Article 168 of the Turkish Civil Code (TMK, No. 4721), the competent court is the court of either spouse's place of residence, or of the place where the spouses lived together for the last six months before the case. If the family lived in Manavgat, Side or Gazipaşa, the court there may be competent (see lawyer in Manavgat and lawyer in Gazipaşa). If the couple now lives abroad, the Turkish spouse may still turn to a Turkish court under Article 41 of the Private International and Procedural Law Act (MÖHUK, No. 5718). Proceedings are in Turkish; an interpreter is used when needed, and foreign documents need an apostille and a certified translation.

Which country's law applies?

Article 14 MÖHUK applies the spouses' common national law; if they have different nationalities, the law of their common habitual residence; failing that, Turkish law. For a Turkish–Russian couple living in Alanya this usually means Turkish law. Post-divorce maintenance and custody follow the same law, and interim measures are governed by Turkish law. If the foreign spouse has also become a Turkish citizen, Article 4 MÖHUK treats them as Turkish for this purpose.

Uncontested or contested divorce?

An uncontested divorce under Article 166/3 TMK requires a marriage of at least one year, a joint petition (or one spouse accepting the other's claim), the judge hearing both spouses in person, and court approval of the arrangements on finances and children. A foreign spouse who has left Türkiye therefore has to attend the hearing. Without agreement, the case is contested — on the general ground of irretrievable breakdown (Art. 166/1) or on specific grounds (Arts. 161–165).

Point	Uncontested	Contested
Legal basis	Art. 166/3 TMK	Arts. 161–166/1 TMK
Minimum length of marriage	1 year	None
Hearings	Usually one; both spouses in person	Several, with witnesses and evidence
Typical duration	Usually a few weeks to a few months	Often more than a year; longer with appeals
Main documents	Joint petition, signed protocol, translated passport, marriage and children's records	Statement of claim, evidence, translated passport

How is property divided, including a flat in Alanya?

Article 15 MÖHUK applies the law chosen by the spouses or, failing a choice, their common national law at the time of marriage, then their common habitual residence, then Turkish law — but real estate is always liquidated under the law of the country where it is located. For a flat in Alanya, that is Turkish law. The default regime is participation in acquired property (TMK Arts. 202, 218–220): each spouse is entitled to half of the other's net acquired property (Art. 236), and the regime ends on the date the divorce case is filed (Art. 225). A title deed in one spouse's name is not decisive on its own; the purchase date and the source of funds matter.

What happens to my family residence permit?

A family residence permit is issued under Article 34 of the Law on Foreigners and International Protection (YUKK, No. 6458) for up to three years at a time. After divorce its conditions no longer exist, and under Article 36 it may be cancelled or not renewed. Options:

• a short-term permit after divorce from a Turkish citizen, if you held a family permit for at least three years (Art. 34/6);
• no three-year requirement if a court decision establishes that you were a victim of domestic violence (Art. 34/6);
• any adult who held a family permit for three years may convert it to a short-term permit on request (Art. 34/5).

See the short-term permit document list on e-ikamet.goc.gov.tr. Without three years you need another basis, such as property, work or study — see residence permit types in Türkiye and our residence and citizenship page. Plan the change before the divorce becomes final so that you are not left without legal status.

Does divorce affect a citizenship-by-marriage application?

Article 16 of the Turkish Citizenship Law (No. 5901) requires at least three years of marriage and a continuing marriage; the only exception after applying is the death of the Turkish spouse. A divorce before the decision therefore usually ends the application. Citizenship already acquired is not lost by divorce alone, but it can be cancelled under Article 31 if it was obtained through false statements or concealment. Other routes are covered in Turkish citizenship for foreigners.

Children and recognition in Russia

A child born in wedlock to a Turkish parent is a Turkish citizen (Law No. 5901, Art. 7). Custody is decided in the child's best interests, and the parent without custody contributes to costs according to their means (TMK Art. 182). To use a final Turkish judgment in Russia you need an apostille (both countries are parties to the 1961 Apostille Convention) and a translation; under Russian family law a divorce obtained abroad in line with that country's law is, as a rule, recognised. Check the registration steps with the consulate in advance.

More on our divorce and family lawyer in Alanya page; if you live in Antalya, see lawyer in Antalya.

Frequently asked questions

Can we divorce in Türkiye if we married in Russia?

Yes. If one spouse lives in Türkiye, the Turkish court is competent under Article 168 TMK. Whether the marriage was registered in the Turkish civil registry should be checked first.

Must the foreign spouse attend the hearing?

In an uncontested divorce, yes — the judge must hear both spouses personally. In a contested case a lawyer with a power of attorney can represent you.

Is my residence permit cancelled immediately after divorce?

Its basis disappears and it may be cancelled. If you meet the three-year rule you can apply for a short-term permit; otherwise you need another basis.

The flat is registered to my spouse only — do I have a claim?

Property bought during the marriage with income earned during the marriage is usually acquired property, and you may claim half of its net value; the outcome depends on the source of funds.

See also: Child custody and maintenance in Türkiye for foreigners

General information as of 13 October 2026; not individual legal advice. Residence permit rules and document lists may change — check e-ikamet.goc.gov.tr when applying.