Understanding the various types of divorce cases in Turkish Family Law is essential for individuals going through the challenging process of ending a marriage. Whether the case is contested or uncontested, Consultixa Law Firm stands ready to provide reliable legal representation and support.
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Our family lawyers possess the knowledge, expertise, and compassion needed to navigate the complexities of divorce cases and ensure our clients’ rights and interests are safeguarded throughout the proceedings. If you require assistance with any divorce-related matter in Turkey, do not hesitate to reach out to our dedicated team for guidance and effective legal solutions.
The Reasons for Divorce are Divided into Two Groups
The reasons for divorce are divided into two special and general reasons. The reasons for divorce in the Turkish Civil Code are regulated by Articles 161-166. As can be seen in the decisions of the Supreme Court; adultery, intent on life, very bad or dishonorable behavior, committing a crime and leading a dishonorable life, abandonment, and mental illness are listed as specific grounds for divorce.
As for the general reasons for divorce; breakdown of the marital union, divorce due to severe incompatibility, divorce by agreement of the spouses; An uncontested divorce is considered a de facto separation, in which the spouses do not meet for three years after a divorce is denied.
Turkish Family Law & Regulations
Divorce means the legal termination of the marriage. For this, it is necessary to plan and finalize the divorce under the supervision of experienced lawyers before and during the divorce case.
Our divorce lawyers support their clients in the preparation of marriage contracts and property separation contracts before or during the marriage, primarily informing the spouses before signing and preparing the contracts.
Our Turkish Family Law Services
- Uncontested divorce case
- Contested divorce case
- Litigation of the property regime
- Alimony and compensation cases
- Recognition and enforcement proceedings
- Custody cases
- Alimony adaptation case
- Collection of alimony and compensation receivables
- Removal of the violent spouse from the home
Agreed Divorce in Turkey
Our Turkish family law team represents our clients in uncontested divorce cases and provides advocacy and consultancy services. In Turkish Law, the legislator has regulated the consensual divorce institution by giving importance to the will of the spouses.
According to the provisions of Turkish family law, which aims to maintain the existence of family unity, the issue of consensual divorce is also subject to certain conditions. According to the law, the following conditions must be met in order for an uncontested divorce to take place:
- Marriage must have lasted at least 1 year,
- The joint application of spouses,
- The judge’s hearing of the parties himself,
- Connecting the issues related to the uncontested divorce to the protocol.
Uncontested Divorce Process
According to Turkish family law, spouses can file an uncontested divorce case themselves, or they can do this through their lawyers. There are issues to be considered in the process of uncontested divorce proceedings. To briefly mention these:
- The lawsuit should be filed with a joint petition or the lawsuit filed by the spouse should be accepted by the other spouse,
- Uncontested divorce protocol should be arranged
- The parties must personally declare their desire for a divorce to the judge at the hearing.
Duration of Litigation: Contracted divorce case is one of the hearings that ends in a single session in Turkish Law, and lasts between 2-4 months. It may take a shorter time depending on the intensity of the courts. With the filing of the lawsuit, the court will give a hearing date if the demands of the parties are complete and complete.
Commissioned Court: The competent court in the uncontested divorce case is the Family Court, and if a lawsuit is filed in another court, the case will be rejected in terms of duty.
Authorized Court: General jurisdiction rules shall be followed for the appointment of the competent court in the uncontested divorce case.
General Information About the Uncontested Divorce Cases
According to Turkish family law, the divorce process can begin with the divorce request of at least one of the spouses. The divorce case must be filed in the Family Court.
The competent court is the place of residence of one of the spouses or the court of the place where the spouses have lived together for the last time for six months. According to the uncontested divorce, the contested divorce, the case is concluded quickly and practically.
- If there is a common will for a divorce between the spouses in terms of the desire for divorce,
- If the marriage has been going on for at least one year,
- If the spouses have agreed on the wishes and benefits after the divorce, they can file an uncontested divorce case. In this case, in addition to the petition, the divorce protocol should also be included. An uncontested divorce protocol sample is available on our website.
- If the spouses have children, and if the judge who judges the divorce case finds the agreements about the child suitable for the benefit of the child, together with the other articles in the protocol, the divorce will be decided.
Although the uncontested divorce case is faster and more practical than the contested divorce case, especially since the divorce protocol carries the in-court confession of the parties, the items should be chosen carefully and carefully.
Contested Divorce in Turkey
Our Turkish family law team represents our clients in contentious divorce cases and provides advocacy and consultancy services. A contested divorce case is a type of case that is filed in line with the divorce request of at least one of the spouses, and in which the divorce and its consequences are regulated by a court decision, not a protocol.
In a contested divorce, there may not be a partnership between the spouses in terms of the will to divorce. Only one of the spouses may want a divorce, or both may want a divorce, but the parties may think that they are less flawed or perfect.
A contested divorce case is a lawsuit that takes longer than an uncontested divorce case and can be opened for general reasons such as the shaking of the foundation of the marriage union or for special reasons such as adultery.
As a result of the divorce case due to severe incompatibility, the parties may have to pay alimony or compensation to the other party depending on the fault. Likewise, if the parties are equally at fault, a divorce can also take place without paying any compensation.
Therefore, it is important that the spouse, who thinks he is not at fault and that the other party is more flawed, expresses himself in the best way from the beginning to the end of the divorce case or has him represented by an experienced divorce lawyer.
Reach our Turkish Family Law Attorneys
Turkish Family Law and Divorce Lawsuits involve intricate regulations and require the expertise of a reliable and experienced law firm. Consultixa Law Firm is dedicated to providing exemplary legal services in all matters related to family law in Turkey.
Whether you require assistance with child support, custody, recognition of foreign divorce decrees, or any other family law issue, our team of expert family lawyers is ready to assist you with professionalism, compassion, and dedication.
Contact Consultixa Law Firm today to receive personalized legal support and achieve the best possible outcomes in your family law matters in Turkey.