ambersanne

Divorce and remarried in US

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My ex husband (Turk) and I (American) were married in Turkey, and then he moved with me to the USA and became and American citizen. We were married over 20 years, and divorced here in the US last year. He recently remarried, here in the US, and he and his new wife (American) plan to move to Turkey and live there. I'm just curious if Turkey will recognize his new marriage, since we married in Turkey but did not divorce there. Will we need to obtain a Turkish divorce?

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Hey,

You wont need to start a new divorce action in Turkey but you will start a recognition and enforcement action (to make you divorced according to the turkish civil code)

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Dear Ambersanne,

Welcome to our friendly forum.

Once you marry in Turkey and divorce under another country's laws, then this foreign divorce judgment should be recognized in Turkey.

On 29 April 2017, Article 27/A has been added to Law on Civil Registry Services by Statutory Decree No:690 issued under the State of Emergency. The Article regulates registration of divorce judgments produced by foreign judicial or administrative authorities to relevant civil registries.

To use this way to get the divorce recognized in Turkey, there are certain conditions needed to be fulfilled. These conditions are:

  1. The decision of the foreign court must be absolute in the terms of that country’s laws.
    2. Both parties in the relation to the decision must either apply personally or with their lawyers to the competent authority determined by the Turkish authorities.
    3. The decision made by the foreign court must not be against the Turkish Law.

If the parties are not able to apply together to specified authorities or the given decision is somehow against the Turkish Law, the only way for this decision to be acknowledged in Turkey is to file a ‘recognition and enforcement lawsuit’.

Kind Regards,

Av. Merve Balin

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