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Uncontested Divorce Lawyer

Güncelleme: 10 min read2 comments

An uncontested divorce in Turkey is the fastest and least costly way to end a marriage: when both spouses agree on the divorce and on all its consequences, the family court can grant the divorce at a single hearing. This guide explains the requirements, the divorce protocol, the step-by-step procedure, the documents you need and the 2026 costs, from the perspective of an experienced uncontested divorce lawyer in Istanbul.

What Is an Uncontested Divorce in Turkey?

An uncontested (consensual) divorce is regulated in Article 166/3 of the Turkish Civil Code. The legal ground is the irretrievable breakdown of the marriage, but in an uncontested case this breakdown is deemed proven if the spouses agree. It does not matter which spouse is at fault, and no witnesses or evidence of fault are required. This is what makes an uncontested divorce Turkey procedure so much quicker than a contested case, which typically takes one to two years.

Requirements for Uncontested Divorce in Turkey

A Turkey uncontested divorce is possible only if all of the following conditions are met:

  1. The marriage has lasted at least one year. Before the first anniversary, the case can only proceed as a contested divorce.
  2. The spouses apply together, or one spouse accepts the other’s case. The application can be a joint petition, or one spouse files and the other expressly accepts.
  3. The spouses agree on all consequences of the divorce in a signed protocol: custody, child support, alimony, property and compensation.
  4. Both spouses are heard by the judge in person. The judge must personally confirm that each spouse’s will is free. Neither spouse can be represented in this hearing by a lawyer alone.
  5. The judge approves the protocol. The judge may amend provisions concerning the children if they are not in the child’s best interests.

If any of these conditions is missing, the case does not fail outright: it continues as a contested divorce.

The Divorce Protocol: What Must It Include?

The protocol is the most important document in an uncontested divorce, because once the judgment is final it is very difficult to change. A well-drafted protocol covers:

  • Custody of the children and the other parent’s visitation schedule (weekends, holidays, summer),
  • Child support (iştirak nafakası): the monthly amount and how it is adjusted each year,
  • Alimony between the spouses (yoksulluk nafakası), or an express waiver,
  • Division of property: the house, car, bank accounts and debts acquired during the marriage, or a waiver of claims,
  • Material and moral compensation claims, or an express waiver,
  • Court costs and lawyers’ fees: who bears them.

Vague wording in the protocol, especially on property and child support, is the most common source of later disputes. This is why we recommend having it drafted or reviewed by a lawyer.

Uncontested Divorce in Istanbul: Step by Step

The procedure for an uncontested divorce Istanbul courts follow is the same as elsewhere in Turkey:

  1. Prepare the petition and the protocol, signed by both spouses.
  2. File the case at the family court of the place where either spouse resides or where the spouses last lived together for at least six months. In Istanbul this means one of the courthouses such as Bakırköy, Çağlayan, Anadolu (Kartal) or Büyükçekmece, depending on your district.
  3. Pay the court fees and expense advance (see the 2026 costs below).
  4. Hearing: the court sets a hearing date; both spouses attend, confirm their agreement and the judge reviews the protocol.
  5. Judgment: if everything is in order, the divorce is granted at the same hearing.
  6. Finality: the judgment becomes final once both parties waive their right to appeal, or when the appeal period expires. The divorce is then recorded in the civil registry.

Required Documents

For an Istanbul uncontested divorce, you will usually need:

  • the joint petition (or petition and acceptance),
  • the signed divorce protocol,
  • copies of both spouses’ identity cards or passports,
  • the receipt for the court fees and expense advance,
  • a power of attorney, if you are represented by a lawyer.

Foreign nationals also need an apostilled and sworn-translated marriage certificate if the marriage was concluded abroad, and an interpreter at the hearing if they do not speak Turkish.

How Long Does an Uncontested Divorce Take?

The divorce itself is decided at a single hearing. The waiting time is mainly the time until the court sets the hearing date, which in Istanbul is usually one to three weeks after filing. After the hearing, the judgment can become final within days if both parties waive their right to appeal; otherwise it becomes final once the appeal period expires.

Uncontested Divorce Lawyer Fees and Court Costs 2026

Court fees and expense advance (2026):

ItemAmount
Application fee732.00 TL
Advance fee732.00 TL
Expense advance (2 parties)3,530.00 TL
Power of attorney stamp (if filed by a lawyer)164.00 TL
Total5,158.00 TL

If you file without a lawyer, no power of attorney stamp is due and the total is 4,994 TL. The expense advance is calculated under the Code of Civil Procedure expense-advance tariff and reflects the notification fee in force from 1 October 2026.

Lawyer’s fee: Under the Istanbul Bar Association’s 2026 recommended minimum fee tariff, the fee for an uncontested divorce case is 108,750 TL. The final fee depends on the work involved, in particular the drafting of the protocol and any property or child-related arrangements. We provide a written fee proposal before starting work.

Do You Need a Lawyer for an Uncontested Divorce?

Representation by a lawyer is not mandatory. Any person with legal capacity may file and follow their own case. However, an uncontested divorce is only as good as its protocol: rights waived in the protocol, such as alimony, property or compensation, generally cannot be claimed later. A lawyer ensures that the protocol is complete, enforceable and in your interest.

  • Is one lawyer enough? Yes. It is enough for one spouse to hire a lawyer, although each spouse may also have their own.
  • Who pays the lawyer’s fee? Each spouse pays the lawyer they hire. The spouses may agree otherwise in the protocol.
  • Does the state provide a lawyer? People who cannot afford a lawyer may apply to the bar association’s legal aid office, which assigns a lawyer free of charge if the conditions are met.
  • Can I do it without a lawyer? Yes: prepare the petition and protocol, file them at the courthouse and pay the fees. We still recommend at least having the protocol reviewed by a lawyer.

Many people search for uncontested divorce lawyers near me because both spouses need to attend a hearing locally. Our office in Bakırköy, Istanbul handles uncontested divorces across all Istanbul courthouses and also offers online consultations.

Uncontested Divorce Prepared & Filed Virtually by Experienced Lawyers

You do not need to visit our office to start your uncontested divorce. Our lawyers handle the preparation and filing stage entirely online:

  • we hold a free short preliminary consultation by phone, WhatsApp or video call,
  • you send us your documents electronically,
  • we draft the petition and the divorce protocol and share them with you for review,
  • after your approval, we file the case electronically through the Turkish judiciary’s UYAP system and follow it until the hearing date is set.

The only step that cannot be done remotely is the hearing itself: under Turkish law, the judge must hear both spouses in person. We tell you the hearing date as soon as it is set, prepare you for the short hearing and attend it with you. If you live abroad, you only need to travel to Istanbul for that single day.

Uncontested Divorce Information and Forms

Turkey has no official standard form for uncontested divorce. Each case is filed with two documents prepared for the specific couple:

  1. The petition (dava dilekçesi): addressed to the competent family court, stating the spouses’ details, the date of marriage, that the marriage has lasted at least one year and that the spouses request an uncontested divorce under Article 166/3 of the Turkish Civil Code.
  2. The divorce protocol (boşanma protokolü): the agreement on custody, child support, alimony, property and compensation, signed by both spouses.

Both documents must be in Turkish. Templates found online are a starting point at most, because a protocol that is incomplete or unclear may be rejected by the judge or lead to new disputes after the divorce. Turkish-language samples are available on our site: uncontested divorce petition sample and divorce protocol sample.

An Attorney Will Chat with You About Your Case and Prepare Your Documents

Every uncontested divorce we handle starts with a conversation, not a form. In a free short preliminary chat by phone, WhatsApp or video call, a lawyer:

  • asks about your marriage, children, property and what you and your spouse have already agreed,
  • checks whether the conditions for an uncontested divorce are met,
  • points out issues that are often overlooked, such as the family home, joint debts, pensions or the children’s schooling abroad,
  • explains the timeline and gives you a written fee proposal.

We then prepare your petition and protocol, revise them until both spouses are satisfied and file the case. You can reach your lawyer directly throughout the process.

Uncontested Divorce for Foreigners

Foreign nationals can also obtain an uncontested divorce in Turkey if a Turkish court has jurisdiction. The same requirements apply, including the personal hearing of both spouses. Which country’s law governs the divorce, and how the judgment is recognised abroad, depends on the spouses’ nationality and residence; see our guide on divorce in Turkey for foreigners.

Uncontested Divorce Lawyer in Istanbul

As an experienced uncontested divorce lawyer in Istanbul, we draft and review divorce protocols, file the case, accompany you to the hearing and obtain the final judgment and registry records. We work in English and Turkish and handle cases for Turkish citizens and foreign nationals alike. Related area: Family and Divorce Law.

Frequently Asked Questions

1. How long does an uncontested divorce take in Turkey?

The divorce is decided at a single hearing. The total time depends mainly on when the court schedules the hearing, usually one to three weeks after filing in Istanbul.

2. Can we get an uncontested divorce if we have been married for less than a year?

No. An uncontested divorce requires the marriage to have lasted at least one year. Before that, a divorce is only possible as a contested case.

3. Do both spouses have to attend the hearing?

Yes. In an uncontested divorce, the judge must hear both spouses in person. A lawyer cannot attend on a spouse’s behalf for this purpose.

4. How much does an uncontested divorce cost in 2026?

Court fees and the expense advance total 5,158 TL if filed by a lawyer (4,994 TL without a lawyer). The Istanbul Bar Association’s 2026 recommended minimum lawyer’s fee for an uncontested divorce is 108,750 TL.

5. Can the protocol be changed after the divorce?

Provisions on custody and child support can be changed later if circumstances change significantly, by a new court case. Waivers of alimony, property and compensation claims are generally final, so the protocol must be prepared carefully.

6. What happens if my spouse changes their mind at the hearing?

If either spouse withdraws consent before the judgment, the uncontested divorce cannot be granted. The case may then continue as a contested divorce.

7. Can foreigners get an uncontested divorce in Turkey?

Yes, if a Turkish court has jurisdiction. Both spouses must attend the hearing, foreign documents must be apostilled and translated, and an interpreter is appointed if needed.

8. Is one lawyer enough for both spouses?

Yes. It is sufficient for one spouse to hire a lawyer. Each spouse may also choose to be represented by their own lawyer.

Comments (2)

  1. William Addison
    Hi, Im married to a Turkish citizena and would like to know the fees for an uncontested divorce? Thank you
    1. Av. Yekcan Öner
      Hello, you can get detailed price information by contacting us via WhatsApp.

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