Divorce & Family Lawyer in Alanya
As a divorce and family lawyer in Alanya, we handle uncontested and contested divorce, alimony, custody and property division, including recognition of foreign divorce decrees, in Turkish and Russian.
At the Rufina Taştan Law Office we provide divorce and family law services in Alanya in both Turkish and Russian. As a divorce and family lawyer in Alanya, we carefully protect our clients' rights in uncontested and contested divorce, alimony, child custody, property division and, in particular, divorces with a foreign element. For foreign spouses and dual-nationality families living in Alanya, we manage the entire process from start to finish.
Uncontested and Contested Divorce
Under Turkish law, divorce follows two main routes. In an uncontested divorce, the spouses agree on all issues, including custody, alimony, property division and compensation, in a written protocol, and the case can often be concluded in a single hearing. Under the Turkish Civil Code, an uncontested divorce requires that the marriage has lasted at least one year, that the parties apply jointly or one spouse accepts the case, and that both parties attend the hearing in person to confirm their will.
In a contested divorce, the spouses do not agree on the divorce or its consequences; the case proceeds on the basis of fault, the irretrievable breakdown of the marriage and the evidence. Proper presentation of evidence, witness management and compliance with procedural rules directly affect the outcome. In both routes we explain the legal nature of the process clearly and, without promising a guaranteed result, provide a realistic road map.
Grounds for Divorce and Protective Measures
A contested divorce may be based on the specific grounds set out in the Turkish Civil Code (adultery, attempt on life and gravely degrading treatment, committing a degrading crime and leading a dishonourable life, desertion, mental illness) or on a general ground such as the irretrievable breakdown of the marriage. Which ground is asserted, the burden of proof and the evidence to be gathered directly shape the course of the file; for this reason, preparing evidence and strategy before filing is very important.
Where domestic violence or threats are involved, protective measures such as a restraining order and allocation of the family home may be requested under Law No. 6284. In addition, interim legal protection measures such as temporary custody, interim alimony and contact with the child may be sought throughout the proceedings. In cases filed before the Alanya Family Court, jurisdiction is determined by criteria such as the parties' place of residence and the last place of joint residence. In files with a foreign party, properly managing service of process and language issues speeds up the process.
Alimony, Custody and Compensation
The financial and personal consequences of a divorce are often more important than the divorce decree itself. Turkish law regulates interim alimony, poverty (spousal) alimony and child support, as well as claims for pecuniary and non-pecuniary compensation. Custody of joint children is determined according to the best interests of the child, and the court assesses each file on its specific circumstances.
- Custody: the child's age, needs and current living arrangements are considered, and contact (visitation) is regulated.
- Alimony: the income, needs and standard of living of the parties are taken into account.
- Compensation: assessed according to the degree of fault and the damage suffered.
Matrimonial Property Regime and Division of Assets
Since 1 January 2002, spouses are by law subject to the regime of participation in acquired property, unless they choose a different regime before a notary. Under this regime, assets acquired during the marriage are, as a rule, shared between the spouses on divorce, while personal assets, such as inherited property, are generally excluded. The property division case (liquidation of the property regime) can proceed separately from the divorce case and has significant financial consequences.
In files involving real estate, bank accounts and company shares, accurate valuation and documentation are essential. For foreign clients who own property in Alanya, determining which estate an asset belongs to is a critical stage. To calculate the participation claim correctly, title deed records, payment documents and the financing history are examined in detail.
Recognition of Foreign Divorce Decrees in Türkiye
The issue our foreign clients in Alanya face most often is making a divorce decree issued abroad valid in Türkiye. Finalised foreign divorce decrees can, where certain conditions are met, be registered directly in the civil registry through the civil registry office or a foreign mission (consulate), without the need to file a recognition and enforcement case. The decree must be final and must not clearly contradict Turkish public order.
However, if the foreign decree also contains provisions on custody, alimony or compensation, those parts cannot be registered through the administrative route; in that case a recognition or enforcement case must be filed before the competent court. We assess which route is appropriate for your file and prevent unnecessary litigation and loss of time.
Divorce Involving a Foreign Spouse and Prenuptial Agreements
When one of the parties is a foreign national, the applicable law, the competent court and recognition of the decree come to the fore. The rules of private international law determine which country's law applies, and this is assessed separately. Through a matrimonial property (prenuptial) agreement drawn up before a notary before or during the marriage, spouses may choose a different regime, such as separation of property; such an arrangement significantly reduces potential future disputes.
Steps of the Divorce Process
- Free preliminary consultation and case assessment
- Strategy: uncontested or contested
- Preparation of the petition, protocol and evidence
- Filing the case and following the hearings
- Judgment, finalisation and registration in the civil registry
Commonly Required Documents
- ID or passport and, if any, residence permit document
- Marriage record and civil registry information
- For a foreign decree: a copy of the final judgment, apostille and sworn translation
- Documents showing income and assets
We manage your divorce and family law process in Alanya from start to finish in both Turkish and Russian. For a free preliminary consultation, you can reach us by phone or WhatsApp at +90 538 838 63 66. Rufina Taştan Law Office, Güllerpınarı District, Keykubat Boulevard, Alanya.
Where and How to File for Divorce in Alanya
Under Article 168 of the Turkish Civil Code, a divorce case may be filed in the court of either spouse's place of residence or the court of the place where the spouses lived together for the last six months before filing. For spouses living in Alanya this is the family court at the Alanya courthouse; families in Gazipaşa or Manavgat may use their own district court or, under the same rule, Alanya. Choosing the right court avoids delays caused by jurisdiction objections.
In an uncontested divorce, a complete protocol and the personal attendance of both spouses often allow the case to conclude at a single hearing. The length of a contested divorce depends on evidence, witnesses, expert and social-services reports. If one spouse is a foreign national, apostilled and sworn-translated documents and a court interpreter should be arranged in advance.
We handle divorce and family cases in Alanya in English, Russian and Turkish, and also assist families in Manavgat and Gazipaşa. Related guides: marriage and divorce with a foreign national, recognition of foreign divorce decrees.
What does a divorce lawyer in Alanya do?
As a divorce lawyer in Alanya, we first establish the competent court, the applicable law and whether the spouses truly agree. The two routes (Turkish Civil Code, Arts. 166, 169, 184):
| Issue | Uncontested (anlaşmalı) | Contested (çekişmeli) |
|---|---|---|
| Condition | Marriage of at least one year; joint filing or acceptance of the case | A specific ground or irretrievable breakdown must be proven |
| Protocol | Financial matters and children set out in writing; the judge must approve it | The court decides alimony, custody and compensation |
| Hearing | Both spouses heard in person; often one hearing | Usually several: witnesses, experts, social-services report |
| Interim measures | Usually not needed | Ordered by the judge ex officio (housing, maintenance, children) |
- Jurisdiction: can the case be filed in Alanya (Art. 168)?
- Protocol or petition: alimony, custody, contact and property, with no gaps.
- After the judgment: registry entry and documents for use abroad.
More detail: alimony and child custody in Türkiye.
Divorcing a foreign spouse in Alanya: which court and which documents?
Under Law No. 4787, divorce cases go to the family court (Aile Mahkemesi) or, where none exists, a designated civil court. Documents take the most time. As a family lawyer in Alanya, we suggest preparing:
- Passport with a notarised Turkish translation; residence permit, if any.
- A foreign marriage certificate with an apostille and sworn translation; under the Hague Apostille Convention, to which Türkiye and Russia are parties, consular legalisation is generally not needed.
- Children's birth certificates, income records, bank statements, title deeds.
- A power of attorney, signed before a Turkish notary or consulate, or apostilled abroad.
Serving a spouse who lives abroad goes through international judicial assistance and can take long. In an uncontested divorce both spouses attend in person, with an interpreter if needed. Married to a Turkish citizen? See divorce from a Turkish citizen.
Which country's law applies when foreigners divorce in Türkiye, and is the decree valid abroad?
Under Art. 40 of the Private International Law Act No. 5718, Turkish courts follow domestic venue rules, so if one spouse lives in Alanya the case can be filed here even if both are foreign. The applicable law follows Art. 14:
- Same nationality (for example, two Russian citizens): that country's law applies.
- Different nationalities: the law of the common habitual residence, otherwise Turkish law; for spouses living together in Alanya, that is Turkish law.
- Alimony and custody follow the same rule; interim measures are always governed by Turkish law.
Real estate follows the law of the country where it is located (Art. 15(2)): an apartment in Alanya is divided under Turkish law (see real estate lawyer in Alanya).
Under Article 160 of the Russian Family Code, a divorce obtained abroad in line with local rules is valid in Russia; a final judgment with an apostille and translation is usually requested. For the reverse case, see recognition of foreign divorce decrees and marriage and divorce with a foreign national. Across the province: lawyer in Antalya.