Divorce Lawyer İstanbul
Marriage and the termination of marriage are regulated by the Turkish Civil Code, with divorce being one of the cases that end a marriage. The provisions on divorce are outlined in Articles 161-184 of the Turkish Civil Code. According to the law, divorce is only possible through a lawsuit, meaning it requires a judge’s decision. The party opposing the court’s final decision has the right to appeal. The appeal period begins from the notification of the court’s reasoned decision. In divorce cases, the court must summarize both parties’ claims and defenses, the points of agreement and disagreement, evidence collected on contentious issues, discussions of evidence, reasons for rejection and preference, and the conclusions drawn from established facts, as well as the legal grounds clearly in its decision. If the court does not present its reasoned decision in a way that is subject to review by the Court of Cassation, it may be a reason for annulment. It is important to be aware of these aspects when appealing a divorce decision. Consulting a specialized divorce lawyer will alleviate these responsibilities and legal obligations, allowing you to navigate the divorce process with greater peace of mind.
What are the Grounds for Divorce?
The Turkish Civil Code specifies the grounds for divorce, and the court cannot decide on divorce based on reasons other than those listed in the Turkish Civil Code.
The grounds for divorce according to the law include:
- Adultery (Article 161)
- Attempt on life, cruel or humiliating behavior (Article 162)
- Commission of crimes and living an immoral life (Article 163)
- Abandonment (Article 164)
- Mental illness (Article 165)
- The breakdown of the marriage (Article 166)
Adultery, attempting to harm life, cruel or humiliating behavior, commission of crimes, abandonment, and mental illness are considered special grounds for divorce. The breakdown of the marriage is a general ground for divorce, and this includes divorce lawsuits filed by the spouse who caused the breakdown of the marriage through fault, consensual divorce, and divorce due to de facto separation.
The spouse initiating the divorce must rely on at least one of the grounds specified in the law. The judge is bound by the facts and claims presented to the court and the results of the request (Civil Procedure Code Article 26/1). When initiating a divorce lawsuit, the spouse must clearly specify the ground for divorce. Otherwise, they may face the prohibition on expanding claims and defenses. The judge will not be bound by the classification of the facts made by the claimant if there is a mistake in this classification.
In divorce cases, if the grounds for divorce are proven and the conditions are met, the judge will decide on the divorce. The judge will not issue a divorce decree unless they are convinced of the existence of the grounds for divorce.
When the court concludes the investigation, it will proceed to an oral trial, and if the grounds for divorce are proven and the conditions are met, the judge will then decide on the divorce. However, the judge will not issue a divorce decree unless they are convinced of the existence of the grounds for divorce.
Where to File for Divorce?
According to the Turkish Civil Code, a divorce case should be filed at the Family Court located in the residence of one of the spouses or the place where they last lived together for at least six months before the lawsuit. In places where there is no Family Court, the case should be filed at the Civil Court of First Instance acting as a Family Court.
How to File for Divorce?
A spouse wishing to divorce must file a divorce lawsuit at the Family Court located in their or their spouse’s residence or the place where they last lived together for at least six months, based on one of the grounds for divorce specified in the Turkish Civil Code. The divorce petition, prepared with the necessary documents, should be submitted to the court’s registry office, and the fees and costs calculated by the registry office should be paid by the person filing the lawsuit.
Should I Consult a Divorce Lawyer?
A divorce lawsuit imposes various responsibilities on both the plaintiff and the defendant. Due to the nature of the case, the parties need to present evidence and adhere to legal deadlines. Failure to comply with these requirements could result in losing the case and potentially incurring damages, court costs, and attorney fees. Therefore, both the person initiating the divorce and the one against whom the divorce is filed should consult a specialized divorce lawyer for legal assistance.
How Does Divorce Proceed?
According to the Turkish Civil Code, divorce is only possible with a judge’s decision. The decision of the Family Court, once finalized, is sent to the Civil Registry Office, and the registry records are updated.
What Should I Do if I Want to File for Divorce?
A divorce case can be initiated either personally by the person wishing to divorce or through a specialized divorce lawyer with a special power of attorney. In consensual divorce cases, even if a lawyer is handling the file, both parties must attend the hearings, whereas in contentious divorce cases, the lawyer can handle the case and attend the hearings on behalf of the client. To achieve the best outcome in a divorce case, it is advisable to have the case managed by a divorce lawyer.
Where to File for Divorce?
The divorce lawsuit should be filed at the Family Court located in the residence of one of the spouses or the place where they last lived together for at least six months. In the absence of a Family Court, the case should be filed at the Civil Court of First Instance acting as a Family Court.
How Long Does a Divorce Case Take?
A divorce case is initiated by submitting the divorce petition and documents to the Family Court’s registry office, paying the required fees and court costs. After the court receives the file, it checks the petition and procedural conditions and prepares a procedural order. The case proceeds through written procedures, with the petition being served to the other party, who then has two weeks to respond. The response is served to the petitioner, who has another two weeks to reply to the response, and this process continues. Once this phase is complete or the deadline arrives, the court schedules a preliminary hearing to discuss evidence, the dispute, and the possibility of settlement. After this stage, the case moves to the merits. Due to the numerous legal deadlines and obligations, following the case with a specialized divorce lawyer can help expedite the process. Otherwise, missing deadlines or incomplete documents can result in prolonged litigation.
What are the Conditions for Divorce?
Divorce cases are classified into consensual and contentious cases, and the conditions for divorce depend on the type of case. In contentious divorce cases, to obtain a divorce, the case must be properly filed, based on at least one of the grounds for divorce listed in the law, the grounds must be clearly stated, proven, and the divorce process must be followed correctly. It is important to note that the judge will not issue a divorce decree unless they are convinced of the grounds for divorce.
What Documents are Needed for a Divorce Case?
To file a divorce lawsuit, you need to prepare a petition outlining the grounds for divorce and submit it along with a copy of your identification and a list of evidence. Foreign nationals married in Turkey must provide proof of their marriage (such as a family register) along with their petition. If a foreign national does not provide this document, the court will give a two-week deadline to submit it. Failure to comply will result in the case being considered as not filed. Additionally, according to the Civil Procedure Code, both the plaintiff and the defendant must substantiate their evidence in their petitions. Failure to do so can cause delays in the case. Consulting a divorce lawyer will help ensure the case is handled properly and efficiently.
What are the Divorce Procedures, and How Are They Managed?
A spouse wishing to divorce should first consult a divorce lawyer to understand their rights and obligations. Divorce procedures involve preparing and submitting the petition, adhering to deadlines, responding to the defendant’s responses, presenting evidence, and fulfilling various legal requirements. Since following changing laws and court decisions can be challenging, it is best to consult a divorce lawyer to manage the process correctly.
How to File for an Uncontested Divorce?
In uncontested divorce cases, there is no strict jurisdiction rule, allowing the parties to file for an uncontested divorce at any Family Court they agree upon. Since both parties must agree on all the consequences of the divorce, the petition for an uncontested divorce must include a protocol signed by both parties detailing the financial consequences of the divorce and the situation of any children. This protocol should cover compensation, child custody, child support, alimony, and property division. If the parties cannot agree on these matters, an uncontested divorce is not possible.
Where to Apply for an Uncontested Divorce?
According to the Turkish Civil Code, divorce cases are filed in the Family Courts of either the spouse’s residence or the place where they have lived together for the last six months before the divorce petition. However, the strict jurisdiction rule does not apply in uncontested divorce cases. Therefore, the parties can file for an uncontested divorce at any Family Court they agree upon.
Should I Consult a Divorce Lawyer for an Uncontested Divorce?
In an uncontested divorce case, it is crucial for the parties to agree on all the outcomes of the divorce. Consulting a divorce lawyer is essential to facilitate this agreement. After reaching an agreement, the spouse filing for divorce should prepare a clear protocol confirming their agreement on all divorce outcomes, which should be signed by both parties and attached to the divorce petition. The protocol should cover compensation, child custody, child support, alimony, and property division. Therefore, consulting a divorce lawyer is important for ensuring that the protocol and statements made during the hearing establish the divorce and its consequences. A divorce lawyer will help protect both material and moral rights, making it the best decision.
What Are the Conditions for an Uncontested Divorce?
According to Article 166 of the Turkish Civil Code, an uncontested divorce can be filed when the marriage has lasted at least one year, and the spouses apply together or one spouse accepts the other’s petition. The judge will personally hear the parties in an uncontested divorce case to determine if their wills are freely expressed. The judge must also find the arrangements for the financial consequences of the divorce and the situation of the children acceptable. The judge may make changes to the agreement if necessary, considering the interests of the parties and children. These changes must be accepted by both parties, and the judge’s decision is not bound by their admissions in this case. The Turkish Civil Code
What Are the Procedures for an Uncontested Divorce and How Are They Carried Out?
According to Article 166 of the Turkish Civil Code, an uncontested divorce can be filed when the marriage has lasted at least one year, and the spouses apply together or one spouse accepts the other’s petition. The judge will personally hear the parties to determine if their wills are freely expressed. The judge must also find the arrangements for the financial consequences of the divorce and the situation of the children acceptable. The judge may make changes to the agreement if necessary, considering the interests of the parties and children. These changes must be accepted by both parties, and the judge’s decision is not bound by their admissions in this case. The Turkish Civil Code
It is important to note that, since the Turkish Civil Code strictly binds the will for uncontested divorces, the will cannot be expressed through lawyers during the hearing; the parties must declare their will in person even if they are represented by lawyers.
How Long Does an Uncontested Divorce Take? Is It Possible to Get Divorced in One Hearing?
For a divorce to be finalized in one hearing, the parties must file for an uncontested divorce. If the necessary procedures for an uncontested divorce are followed, the judge can grant the divorce in one hearing. In contested divorce cases, if the judge accepts witnesses during the preliminary hearing and there are no further issues or deficiencies to investigate, the judge will decide to grant the divorce if they are convinced that the marriage is irretrievably broken. To achieve a divorce decision in one hearing, the case must be followed through a divorce lawyer, who will help gather important evidence and expedite the process, leading to a faster divorce decision.
What Is a Contested Divorce Case?
Contested divorce cases are a type of general divorce case where the spouses do not agree on the divorce or one spouse does not wish to divorce. These cases are characterized by disagreements between the parties regarding the divorce.
How to File for a Contested Divorce?
It is crucial to prepare a complete and accurate divorce petition when filing for a contested divorce. Therefore, it is recommended that individuals seeking to file for a contested divorce be represented by an expert divorce lawyer. Improperly prepared petitions can prolong the divorce process beyond the intended time.
How Many Hearings Does a Contested Divorce Take?
Procedural economy ensures that proceedings are conducted within the set time frame and helps prevent unnecessary expenses. The extension of contested divorce cases often results from the parties’ non-compliance with procedural economy. The judge may impose deadlines on the parties for completing certain procedures, and failing to meet these deadlines can result in losing rights or evidence and sometimes even in unfavorable outcomes for the case. If the judge does not impose strict deadlines, parties may delay their actions for months or even years, causing prolonged litigation. To avoid this, parties should complete all procedures as quickly as possible and assist the court, which may lead to the case being resolved in as little as two hearings. With the establishment of Regional Appeal Courts, divorce decisions are now subject to appeal, and these courts review cases more quickly. Therefore, choosing an expert divorce lawyer is crucial in contested divorce cases.
Women’s Rights in Divorce
In divorce cases, although women and men are judged equally, courts take into account women’s living conditions and general experiences of victimization to ensure that there is no injustice in the verdict. Consequently, some precautionary measures are included during the trial to prevent women and their children from suffering. Due to the court’s workload and the parties’ lack of experience, these precautionary measures might sometimes be difficult to obtain or implement quickly. Professional divorce lawyers help by effectively managing the process and ensuring these rightful decisions are made promptly.
Women are most often victimized by insults, threats, humiliation, psychological violence, physical violence, economic abuse, and financial difficulties inflicted by their spouses. Therefore, precautionary measures and maintenance orders are issued by the court as needed, and protective and preventive decisions are made under the Law No. 6284, which includes restraining orders.
In addition to these rights, a very important right for women is the custody of the minor child. Generally, the child is given to the mother due to the child’s need for maternal care, love, and affection. However, if the father can prove that the mother is at fault or negligent, the court might award custody to the father. The court will also consider the child’s age, needs, and the parties’ circumstances. For example, custody of a 4-year-old child may be granted to the father, while custody of a 15-year-old might be granted to the mother. To ensure the best interests of the child are considered, professional legal assistance from a divorce lawyer is crucial. Additionally, during the divorce process, it is important to consult an expert lawyer to ensure that temporary orders like maintenance and custody are maintained appropriately and to prevent any adverse decisions from persisting with the final verdict.
Another right that women may achieve by the end of the court proceedings is monetary and moral compensation. As detailed in our other articles, for a claim of monetary and/or moral compensation, the spouse must be at fault or have committed a serious fault. If the requesting spouse is more at fault or equally at fault as the other spouse, the court will not award compensation. Therefore, it is important to present and prove the victimization and fault properly in court. Consulting a specialized divorce lawyer is beneficial in this regard.
It is widely known that jewelry belongs to the woman. Although many men may not accept this rule, the application of the rule does not depend on the other party’s approval. Therefore, statements like “The gold and jewelry belong to me, you are not entitled to anything, my family gave them, I spent a lot on them” should not mislead the woman. Simply stating “I had gold and jewelry, but my husband took them and did not return them” will not ensure the woman gets these items. The woman must first meet the burden of proof to obtain these items. There are many procedures to follow, and consulting a specialized divorce lawyer is the best decision.
Property acquired during the marriage is often a major concern during divorce, and many properties are registered under the husband’s name. If you are saying “I want a divorce from my spouse, we acquired property like a house or car during the marriage,” you should seek legal assistance from a divorce lawyer, as your spouse may try to hide the assets and deprive you of your rights. The Turkish Civil Code, amended in 2002, establishes that if spouses have not chosen a different property regime, the legal property regime is the separation of property principle before 2002 and the acquired property regime after 2002. In other words, if a property was acquired before 2002 and during the marriage, it belongs to the person whose name it is registered in. If the other spouse claims contribution, they will have rights in proportion to their contribution if proven. Evidence for this includes jewelry, inheritance, and salary. For properties acquired after 2002, each spouse has an equal right to property acquired during the marriage. If there is a claim that the property was obtained through personal means, the claimant must prove this. To prevent the spouse from transferring the property, a family residence annotation or a precautionary measure should be applied. If the property has been transferred to a third party, legal action can be taken to recover it. Therefore, it is crucial to manage the process correctly, present evidence and claims appropriately, and consult a specialized lawyer to protect your rights and avoid victimization.
What is the Iddeet Period?
According to the Turkish Civil Code, before entering a new marriage, the previous marriage must be terminated. Additionally, there is a requirement for women, known as the iddet period or waiting period. Article 132 of the Turkish Civil Code regulates the iddet period. According to this, a woman must wait for three hundred days from the date of the end of her marriage before she can remarry. If a woman is pregnant from her previous marriage, marrying someone else immediately could cause confusion about the child’s paternity, which would negatively affect both family and societal order. To prevent this confusion and ensure the child’s lineage is clear, the Turkish Civil Code has established this waiting period of three hundred days.
When Does the Iddeet Period End?
Article 132 of the Turkish Civil Code provides three ways for the iddet period to end. The first method is for the woman to request the removal of the iddet period from the Family Court, which can be done by proving through a medical report that she is not pregnant from her previous marriage. The second method is if the woman wishes to remarry her previous spouse and both parties apply to the Family Court to remove the iddet period. The third method is simply completing the three hundred days, or if the woman gives birth, the period ends without needing any further action.
It is not possible for a woman to remarry without either ending the iddet period or obtaining a court decision to remove it. Although the iddet period is not an absolute barrier to marriage, marrying during this period would result in the marriage being annulled. Therefore, it is crucial to consult a family lawyer to remove the iddet period before entering a new marriage.
Purpose of the Iddeet Period
The iddet period aims to prevent confusion regarding the paternity of the child born from a previous marriage. It ensures that the child’s lineage is clear and avoids issues that could negatively impact family and societal order. Thus, the iddet period serves to safeguard the child’s ancestry and maintain family and social stability.
How to Remove the Iddeet Period?
The provisions for removing the iddet period are regulated under the title of ‘waiting period’ in Article 132 of the Turkish Civil Code. The removal of the iddet period can be done by a court decision. The case for removing the iddet period is considered non-contentious litigation. Although this type of case is typically handled by the civil court of peace, according to the Law No. 4787 on the Establishment, Duties, and Procedures of Family Courts, the Family Court is responsible for handling the case of removing the iddet period. The competent court is the Family Court in the place where the woman resides (Article 383, 384 of Law No. 6100). The woman can either file the case herself or through an attorney with a special power of attorney. To initiate the case, a petition requesting the removal of the iddet period, along with a copy of the identity card and the finalized divorce decree, must be submitted to the Family Court’s registry office. The necessary fees and costs must also be paid. Once the case is filed, the court will request a medical report to confirm that the woman is not pregnant from her previous marriage. The Family Court will then decide to remove the iddet period based on this report.
According to Article 132 of the Turkish Civil Code, the iddet period can also be removed if the woman and her previous spouse wish to remarry and apply together to the Family Court. The application must be made to the Family Court in the place where they reside, and the necessary documents must be provided. This will result in the removal of the iddet period. Although the case to remove the iddet period is non-contentious, courts often extend the process due to their workload and the status of the report. Therefore, it is advisable to follow up the case with the assistance of a family lawyer to ensure a swift resolution and smooth planning of the new marriage.
Required Documents for Removing the Iddeet Period
To remove the iddet period, the required documents are: if the woman is remarrying someone other than her previous spouse, she must submit a petition to the Family Court’s registry office with a copy of her identity card and the finalized divorce decree, along with a medical report confirming she is not pregnant. If the woman is remarrying her previous spouse, both parties must submit a petition to the Family Court’s registry office with the same documents. The court will decide to remove the iddet period once all necessary documents are provided.
Divorce Process
Divorce is a topic that often arises between spouses. While some may bring up the idea of divorce impulsively during moments of anger, others may decide to divorce after prolonged and intense discussions. Although family is considered a sacred institution, many spouses reach the point of divorce for various reasons. These reasons can include severe incompatibility, differences in opinion, constant arguments, insults, threats, physical violence, psychological abuse, actions that undermine trust, violations of marital obligations, as well as specific issues such as mental illness, suicidal tendencies, dishonorable or egregious behavior, infidelity, abandonment, criminal activity, and living a disreputable life. In practice, we encounter all these reasons for divorce, and while some marriages can be saved, in some cases, ending the marriage is the best decision for the peace and happiness of both parties and their children. However, whether for the woman or the man, the divorce process is not always easy. The divorce process can be stressful both legally and psychologically. As divorce attorneys, we aim to alleviate this burden from the spouses and manage the process correctly. While providing professional legal support, we also ensure that demands are accurately conveyed to the court. If the demands and grievances of the represented party, along with all evidence, are not properly presented within the legal timeframe and process, a case can be lost even if one party is clearly right and aggrieved. Similarly, a potentially reversible adverse decision by the high court can be upheld due to incorrect or faulty procedures. Therefore, it is crucial to consult an expert lawyer in divorce cases and seek professional legal support.
Custody Cases
In custody cases, the best interests of the child are the primary factor in decision-making. Several factors are considered in determining the child’s best interests, including improving personal and physical development conditions, and ensuring social, economic, and cultural conditions. The primary criterion is which parent can provide the best environment for the child’s development. Additionally, behaviors during the trial may also be taken into account.
Custody Attorney
Article 12 of the United Nations Convention on the Rights of the Child and Articles 3 and 6 of the European Convention on the Exercise of Children’s Rights stipulate that children with sufficient understanding should be allowed to express their views in cases that concern them and that these views should be given due weight. Decisions contrary to the child’s views may be made if required by the child’s best interests. Custody is among the most significant issues concerning children.
The court must conduct investigations and obtain reports regarding the child’s best interests. Even if an expert report indicates that the mother has provided a suitable environment for the child’s development and has been taking care of the child’s material and emotional needs, the father’s conditions should also be investigated. According to the principle of the child’s best interests, custody should be awarded to the parent whose conditions are more favorable. Some family courts may grant custody to the mother simply based on the need for maternal care and affection, which may be contrary to the principle of the child’s best interests. Therefore, seeking assistance from a divorce attorney will help ensure that the court makes the necessary investigations and decisions correctly.
When is Custody Given to the Father?
Custody decisions are made with the child’s best interests in mind. If the child’s best interests require custody to be granted to the father, then custody will be given to him. However, since young children generally need maternal care and affection, custody is usually granted to the mother. Custody of very young children may be given to the father only in exceptional cases where the child’s health and psychology are at risk.
Custody Modification Cases
Custody decisions are not final judgments and can be modified with changes in circumstances. For a custody modification, there must be significant changes in the situation of the parent or the child. The party seeking custody modification must prove that the change would be in the child’s best interest. Custody modification cases are not bound by a specific timeframe and can be filed as soon as the conditions for change arise.
Material and Moral Compensation in Divorce
For a spouse to claim material compensation, they must be faultless or less at fault compared to the other party. Additionally, the current and expected damages caused by the divorce must be proven. Material compensation aims to cover the losses resulting from the divorce. If the divorce reason and events have harmed the personal rights of the spouse, they may also claim moral compensation.
How to Request Compensation in Divorce
To request compensation in divorce, the legal requirements must first be met. The divorce petition prepared by a specialized divorce attorney should include the request for compensation. Additional claims can be made during the case if not included in the initial petition.
Determining the Amount of Compensation in Divorce
The primary criterion for determining the amount of divorce compensation is the extent of the suffering experienced by the parties. The measure of suffering guides the compensation amount. The financial capabilities of the parties are also important in determining the compensation amount. Considering factors like the extent of suffering, payment ability, and the principle of not enriching oneself through moral compensation, a fair decision can be made.
How to Drop a Divorce Case
In Turkish law, “dropping a case” is primarily used in criminal cases but is also used in civil cases in common language. Dropping a divorce case generally occurs when the parties do not follow up on the case or withdraw from the case. If the plaintiff does not withdraw from the case, or if the parties wish to quickly close the case even if they have reached an agreement, consulting a divorce attorney is necessary. If you want the divorce case against you to result in your favor, you need to identify and present evidence to refute the plaintiff’s claims within the timeframe. In practice, witness testimony is often used in divorce cases, and parties sometimes illegally direct witnesses or induce false testimony. To prevent this, it is crucial to consult a divorce attorney who can help ensure that the truth is established.
How to Cancel a Divorce Case
To cancel a divorce case, the spouse who initiated the case must generally withdraw from the case. If the parties reconcile after the case has been filed and decide not to divorce, the case can be canceled by not following up on the file. In this situation, the parties may face certain costs due to withdrawal or the case being considered as not filed. If the plaintiff does not withdraw, attention must be paid to certain issues to ensure the divorce claim is rejected. Consulting a divorce attorney will help in managing the case efficiently and effectively.
Temporary Measures in Divorce Cases
Temporary measures are required in divorce cases to address housing, support, management of assets, and care and protection of children. These measures are considered by the court ex officio, even if not requested by the parties. The court conducts social and economic investigations to implement necessary measures and protect the parties and children.
Divorce Case Filing Fees 2024
Divorce cases are conducted according to the Turkish Civil Code and the Civil Procedure Code. Article 323 of the Civil Procedure Code (HMK) outlines the litigation costs, which include filing fees, attorney fees, advance payments, and stamp duties. Depending on the outcome of the case, attorney fees and decision fees may also be included. According to Article 326 of the HMK, the court decides whether the litigation costs will be borne by the losing party. If both parties are partially right, the court will distribute the litigation costs according to the degree of their rightfulness. If there are multiple losing parties, the court may either distribute the costs among them or hold them jointly responsible. Although hiring a lawyer involves costs, it is crucial for effectively managing the case. Consequently, the costs are typically imposed on the losing party, while the winning party will be relieved of these expenses.
For Information on Divorce Lawyer Fees
You can get information by calling: 0212 706 90 30
Arena Law – Click here for our Google Maps location.
Other Post: