Divorce and Family Lawyer in Bursa

Family law disputes touch the most private part of a person’s life, and their consequences are often felt for many years. From our Bursa office, Neka Legal handles family and inheritance matters with an approach that respects privacy and is tailored to the particular circumstances of each case, including divorces with a foreign spouse or a spouse living abroad.

Our aim is, wherever possible, to resolve the matter by agreement, quickly and in the least distressing way for the parties; where agreement is not possible, to defend our client’s rights fully before the court.

Which family law cases do we handle?

• Uncontested divorce: drafting the divorce protocol on custody, maintenance, division of property and compensation so that it does not lead to disputes later, and representation at the hearing.
• Contested divorce: cases based on the specific grounds listed in the law or on the irretrievable breakdown of the marriage.
• Custody and contact: determining and changing custody and setting a contact schedule with the child.
• Maintenance: claims for interim, child and post-divorce maintenance, and the increase, reduction or termination of maintenance.
• Liquidation of the matrimonial property regime: claims for participation, value increase and contribution.
• Pecuniary and non-pecuniary damages: compensation claims related to the divorce.
• Protection orders: restraining orders and other measures under Law No. 6284.
• Parentage: actions to deny paternity and paternity actions.

How does an uncontested divorce work?

An uncontested divorce requires the marriage to have lasted at least one year and the spouses to agree on all consequences of the divorce (Turkish Civil Code, TMK, Art. 166/3).

1. The spouses prepare a protocol regulating custody, maintenance, division of property and compensation.
2. The spouses apply together to the family court, or one spouse accepts the case filed by the other.
3. The judge hears the spouses in person at the hearing and establishes that they have expressed their will freely.
4. If the protocol is found to be in the interests of the children and the parties, the divorce is granted; it can also be granted if the spouses accept changes proposed by the judge.

The process is usually completed in a single hearing. What really matters is the quality of the protocol: if custody, contact days, the amount and duration of maintenance, and the division of the home, car and savings are not written clearly, new lawsuits may follow after the divorce.

On what grounds is a contested divorce filed?

If one spouse does not want a divorce, or the spouses cannot agree on its consequences, the case is heard as contested. The grounds for divorce regulated by law are:

• adultery (TMK, Art. 161),
• attempt on life, very bad or degrading treatment (Art. 162),
• committing a crime and leading a dishonourable life (Art. 163),
• desertion (Art. 164),
• mental illness (Art. 165), and
• irretrievable breakdown of the marriage (Art. 166/1).

An action based on adultery, or on attempt on life or very bad or degrading treatment, must be filed within six months of learning of the ground and in any case within five years of the event. An action for desertion can only be filed once the formal warning procedure is completed. No filing deadline is set in the law for the other grounds.

The ground most often relied on in practice is the irretrievable breakdown of the marriage. In contested cases, what decides the outcome is proving the allegations with evidence: witness statements, correspondence, bank records, medical reports and the social inquiry report.

Evidence must be obtained lawfully. Records obtained unlawfully may not be taken into account as evidence and may also give rise to liability. Submitting evidence on time also directly affects the outcome.

In which court in Bursa is a divorce case filed?

Divorce cases are heard by the family courts. The case can be filed at the domicile of either spouse or where the spouses lived together for the last six months before the case (TMK, Art. 168).

Cases of spouses living in Nilüfer, Osmangazi and Yıldırım are heard by the family courts at the Bursa Courthouse. In districts with their own courthouse, such as İnegöl, Gemlik and Mudanya, the case can be filed there; where there is no family court, the civil court of first instance hears the case acting as a family court.

Who is awarded custody?

The sole criterion in a custody decision is the best interests of the child. The court assesses the child’s age, education, bond with each parent, living conditions and, for children capable of forming views, their opinion. The reports of the pedagogue and social worker are decisive in this process.

Personal contact (a contact schedule) is established between the child and the parent who does not have custody. If circumstances change, a change of custody can be sought in a separate action. Where one parent lives abroad or a child has been taken abroad, international instruments such as the Hague Convention may also apply; see our international law page.

What types of maintenance are there?

While the divorce case is pending, interim maintenance is ordered for the spouse and children. Together with the custody decision, child maintenance is set, payable to the custodial parent for the child’s care and education. With or after the divorce judgment, post-divorce maintenance may be awarded to a spouse who would fall into poverty because of the divorce and whose fault is not greater.

The amount of maintenance is set according to the parties’ income and needs, and an increase, reduction or termination can be sought when circumstances change. The Constitutional Court has annulled the words “indefinitely” in Article 175 of the Civil Code; the annulment takes effect on 30 June 2027, and until then post-divorce maintenance continues to be awarded under the current wording.

How is property divided on divorce?

For property acquired after 1 January 2002, unless the spouses have agreed otherwise by contract, the statutory regime of participation in acquired property applies. Under this regime, assets acquired through work during the marriage are, as a rule, shared equally between the spouses. Assets owned before the marriage and those acquired by inheritance or gift are personal property and are not shared.

The division of property can also be heard as a case separate from the divorce. Where real estate or bank accounts are located abroad, the applicable law is determined under the Turkish Law on International Private and Procedural Law.

How long does a divorce take and what are the costs?

An uncontested divorce is usually concluded within a few weeks to a few months of filing. Contested cases often take more than a year, depending on the number of witnesses, expert and social inquiry reports and the appeal stage.

Costs consist of court fees, an advance on expenses and the lawyer’s fee. Court fees and expenses are reset every year. Our fee is communicated in writing at the first meeting according to the scope of the case and cannot be lower than the Minimum Attorney Fee Tariff.

Inheritance law

In inheritance law, we handle certificates of inheritance, in which the heirs and their shares are determined through a notary or the civil court of peace; the court inventory of all the deceased’s assets and debts; the renunciation of an over-indebted estate within the statutory deadlines and in the proper form; and the preparation of valid partition agreements between heirs, before a notary or privately.

We conduct title deed cancellation and registration actions against collusive transfers made by the deceased to deprive other heirs (muris muvazaası); reduction actions against dispositions that violate the reserved shares of heirs such as the spouse, children and parents; and actions for the termination of co-ownership over inherited real estate or businesses by sale or division. Drafting wills lawfully, to prevent future disputes, and their execution are also among our services. For foreign heirs, we also handle the recognition of foreign certificates of inheritance and access to assets in Türkiye.

Frequently asked questions

Is it mandatory to hire a lawyer for a divorce?

No. However, an incomplete settlement protocol or evidence not submitted on time can have consequences that are difficult to remedy.

Is it possible to divorce in a single hearing?

If the marriage has lasted at least one year and the spouses agree on all matters, an uncontested divorce is usually concluded in a single hearing.

What happens if my spouse does not want a divorce?

The case is heard as a contested divorce. If the ground for divorce is proven, the court can grant a divorce without the other spouse’s consent.

Does leaving the home before the divorce affect the case?

Leaving the family home without a valid reason may count against you in the assessment of fault. We recommend obtaining legal advice before leaving.

I live abroad. Can I get divorced in Türkiye?

Yes. Representation under a power of attorney is possible; in an uncontested divorce the judge hears the spouses in person, so the hearing date needs to be planned. The recognition in Türkiye of divorce judgments obtained abroad is handled separately.

Can I claim compensation after the divorce?

Claims for pecuniary and non-pecuniary damages and maintenance related to the divorce can, as a rule, be brought in a separate action within one year of the divorce judgment becoming final.

Responsible attorney: Kaan Kaplan

This page has been prepared for general information purposes and does not constitute legal advice. Last updated: 6 November 2026.