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Use of Surname in Divorce:
Basic Rule: According to Article 173 of the Turkish Civil Code, a woman married for the first time automatically returns to her maiden name after divorce.
Exceptions: In some cases, the divorced woman may continue to use her ex-husband’s surname.
Material or Moral Interest: If the woman can prove that she has a material or moral interest in using her ex-husband’s surname and that this situation will not harm her ex-spouse, she can get permission from the court to use her ex-husband’s surname.
Joint Children: If you have common children and these children bear the surname of the ex-spouse, the court may exceptionally allow the mother to use this surname.
Long-Term Marriage: If there is a long-term marriage and the woman is known by her ex-husband’s surname, this may also affect the court’s decision.
Consent of Ex-Spouse:
The consent of the ex-spouse is not required for the use of the surname after the divorce. The court may make a decision without considering the consent of the ex-spouse, provided that the above-mentioned conditions are met.
Is There a Need for a Lawsuit?
If you are a woman who has married for the first time and wants to return to your maiden name, you do not need to file a lawsuit. You can start using your maiden name again by applying to the civil registry office.
However, if you want to continue using your ex-spouse’s surname, you must take the family to court and prove your material or moral interest mentioned above.