Divorce

This page is for Turkish citizens in the United States who are considering divorce or are divorced. It explains, with example states, how divorce proceeds in state courts in the United States. Custody and support, registration and recognition in Turkey of a divorce decree issued in the United States, and the effect of divorce on green card and citizenship applications are also covered here. This page provides general information and is not legal advice. If divorce and immigration are involved together, consult a family law attorney and an immigration attorney.

• Divorce cases are handled by state courts. The state where you may file depends on that state's residency requirement.
• New York: A case may be filed if one spouse has lived continuously in New York for at least 2 years. If the spouses married in New York, lived there as spouses, or the grounds for divorce arose in New York, 1 year may be sufficient.
  • In a no-fault divorce, one spouse swears that the marital relationship has been irretrievably broken for at least 6 months.
  • A divorce decree is not issued through this process until property division, spousal support, child support, attorney's fees, custody, and visitation arrangements are resolved.
• California: One spouse must have lived in California for the last 6 months and in the county where the case will be filed for the last 3 months.
  • Your spouse's consent is not required; you may divorce for any reason.
  • There are also summary dissolution options for joint petitions and for people who meet certain requirements, such as having been married for less than 5 years. All legal requirements, including the waiting period, apply to a joint petition as well.
• Texas: One spouse must have lived in Texas for the last 6 months and in the county where the case is filed for the last 90 days.
  • If the filing spouse lives outside Texas, even in another country, the case may be filed in the Texas county where the other spouse has lived for 6 months.
  • Unless there is family violence, a judge may not grant a divorce before 60 days have passed after the petition was filed.
• Florida: Before the petition is filed, one spouse must have lived in Florida for at least 6 months.
• For the rules of other states, consult that state's court self-help page.

• In a divorce case, a judge may make decisions concerning money, property, and children. The spouses may reach an agreement or leave the decision to the court.
• Child support: States issue orders through the courts, administratively, or through both methods. The state's child support agency enforces the order.
  • If a parent requests it, a support order is reviewed at least every 3 years or when there is a significant change.
  • Some agencies charge an application fee; it generally does not exceed $25 and is waived in some circumstances.
  • You can find your state's child support agency in the contact list of the federal Office of Child Support Services (OCSS).
• Taking a child abroad: Turkey and the United States have been treaty partners under the 1980 Hague Convention on the Civil Aspects of International Child Abduction since August 1, 2000.
  • In the United States, the central authority is the Department of State's Office of Children's Issues.
  • In Turkey, the central authority is the Ministry of Justice, General Directorate for International Law and Foreign Relations.
• According to California courts, domestic violence may affect custody, who remains in the home, how service is made, and special safety orders. See 7.7 Domestic violence.

• Under Article 27/A of Law No. 5490, divorce, annulment, and nullity decisions issued by foreign courts or administrative authorities are directly registered in the civil registry if the requirements are met. According to the consulate page, the requirement to separately file a recognition and enforcement lawsuit through this route has been eliminated.
• Requirements:
  • joint application by the parties; if one party has died, is a foreign national, or holds a Blue Card, the Turkish citizen party may apply alone
  • the decision must have been issued by an authority competent under the laws of the country where it was issued and must be final
  • the decision must not be manifestly contrary to Turkish public policy
• Joint application rule: The parties may apply at the same time or at different times. For separate applications, no more than 90 days may pass between the two applications, and both applications must be submitted to the same authority.
• Where: Abroad, to the foreign mission in the country where the decision was issued; in Turkey, to civil registry offices designated by the Ministry. In countries governed by a state system, such as the United States, the application is made to the mission responsible for the area where the court that issued the decision is located.
• Required documents:
  1. Application form (obtained from the mission).
  2. The duly certified original of the decision and its Turkish translation certified by a notary or mission, or apostilled.
  3. If the decision does not contain a finality notation, a certified document showing that it is final and its translation.
  4. The original and photocopy of an identity card or passport.
  5. If an agent applies, a notarized special power of attorney with a photograph.
• If one party is a foreign national and does not speak Turkish, that party may bring an interpreter of their own choosing to the application.
• A divorce decision obtained under another citizenship by persons whose multiple citizenship has not been entered in the Turkish records is registered after the multiple citizenship is registered. If the couple has children whose births have not been registered, their registrations are completed first.

• If an administrative registration request is rejected because the requirements are not met, recognition of the decision in Turkey is sought in court under Law No. 5718 on Private International Law and Procedural Law (MÖHUK).
• Enforcement: The enforceability of a foreign court decision in Turkey, such as collecting support in Turkey, depends on an enforcement judgment by a competent Turkish court. Administrative registration covers only divorce, nullity, and annulment decisions.
• Recognition: For the decision to have the effect of a final judgment in Turkey, the court must determine that the enforcement requirements are met. Reciprocity is not required for recognition.
• Main requirements (MÖHUK Art. 54): The decision must not concern a matter within the exclusive jurisdiction of Turkish courts, must not be manifestly contrary to public policy, and the opposing party's right to defense must have been respected.
• Competent court: The court at the opposing party's place of residence in Turkey. If the opposing party has no residence or habitual place in Turkey, one of the courts in Ankara, Istanbul, or Izmir.
• Documents to attach to the petition: The original decision certified by the authorities of that country, or a certified copy issued by the court that rendered the decision, and its certified translation; a certified document and translation showing that the decision is final.
• Waiting period for Turkish women: Under the Turkish Civil Code, a woman may not marry until 300 days have passed after the marriage ends. To remarry before Turkish authorities, the foreign divorce decision must first be registered in the Turkish civil registry.

• In Turkey, a family court issues the divorce decision. The decision becomes final when the appeal period expires; according to the U.S. Department of State, this period is generally two weeks. The parties may waive the period in advance.
• Once final, the court notifies the General Directorate of Population and Citizenship Affairs so that both parties' civil records can be updated.
• A certified copy of the final decision can be obtained free of charge from the court or through the UYAP Citizen Portal on e-Government.
• If you plan to remarry in the United States: According to USCIS, the validity of a foreign divorce is evaluated under the law of the country that issued the decision and the recognition rules of the state where you remarry. A new marriage entered into before the divorce becomes final is invalid for immigration purposes.

• Conditional green card (2-year): If you entered the marriage in good faith and the marriage ended in divorce, you may file Form I-751 alone and request a waiver of the joint-filing requirement. See 3.10 Conditional green card and removal of conditions for details.
• Divorce while a case is pending: Approval of an I-130 filed for a spouse is automatically revoked if the marriage legally ends due to divorce before the spouse begins travel to the United States or before the I-485 decision becomes final. An approved petition filed by a spouse on their own behalf under VAWA is not revoked solely because of divorce.
• K-3 and K-4 status: If a K-3 holder's marriage ends by divorce or annulment before the holder becomes a permanent resident, the status automatically ends after 30 days. A K-4 child's status also ends 30 days after the parent's K-3 status ends.
• Financial sponsorship (I-864): According to the I-864 instructions, divorce does not end the sponsor's financial obligation.
• Citizenship: To naturalize under the 3-year rule as the spouse of a U.S. citizen, the marital union must continue. According to USCIS, divorce, whether before or after filing Form N-400, closes this pathway. See 4.1 Requirements (N-400).

• Divorce case — the court of the state where you meet the residency requirement
• U.S. Department of State, Office of Children's Issues — taking a child abroad
  • Address: 2201 C Street, N.W., Washington, DC 20520
  • Phone: +1 888 407 4747; from outside the United States and Canada +1 202 501 4444
• Republic of Türkiye Ministry of Justice, General Directorate for International Law and Foreign Relations — Turkey's central authority under the Hague Convention
  • Address: Mustafa Kemal Mah. 2151. Cad. No: 34/A, Söğütözü / Ankara
  • Phone: +90 312 218 78 01
• Turkish missions — registration of a divorce decision
  • Consular Call Center (24/7): from the United States and Canada +1 888 566 7656
  • For addresses, see 11.1 Turkish missions in the United States
• For free or low-cost legal assistance, see 12.6 Finding an attorney.

• Filing a case before meeting the residency requirement.
• Failing to register the U.S. divorce decision in Turkey and continuing to appear married in Turkish records.
• Submitting the registration application to a mission that is not responsible for the area of the court that issued the decision.
• Missing the 90-day deadline for separate applications.
• Getting divorced while holding a conditional green card and never filing Form I-751.
• An I-864 sponsor believing that the obligation ends upon divorce.
• Remarrying before the divorce becomes final.

• I was divorced in the United States. Do I need to file a separate case in Turkey? Usually not. If the requirements are met, the decision is registered directly in the civil registry through the mission. If the request is rejected, recognition is sought in court.
• My former spouse will not join the application. What can I do? If your spouse is a foreign national or holds a Blue Card, you may apply alone. If both of you are Turkish citizens and your spouse will not participate, a recognition lawsuit under MÖHUK may be necessary; consult an attorney.
• Is a U.S. support order enforceable in Turkey? An enforcement judgment from a competent Turkish court is required for enforcement in Turkey.
• Will I lose my green card if I divorce? If you have a conditional card, you may file Form I-751 alone by requesting a waiver. If you divorce before the decision becomes final, an approved spouse petition is automatically revoked. Consult an immigration attorney about your situation.
• Will divorce affect my citizenship application? Yes, if you applied under the 3-year rule as the spouse of a U.S. citizen. For the general 5-year rule, see 4.1 Requirements (N-400).
• Can I take my child to Turkey? It depends on the custody order and the other parent's rights. Taking the child without permission may lead to a return case under the Hague Convention. Consult a family law attorney first.

• Form I-751 (PDF)
• Form I-751 Instructions (PDF)
• Form I-864 Instructions – sponsorship obligation (PDF)
• Population Services Law No. 5490 (PDF)
• MÖHUK Law No. 5718 (PDF)
• Consular procedures – Civil registry (registration of a foreign divorce decision)
• Texas – divorce guide