Legalixa Law Firm is a globally recognized Turkish family law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our Turkish family lawyers and divorce attorneys are prepared to handle divorce cases, from a simple no-contest divorce proceeding to a complicated divorce with significant property and children. Our Turkish divorce lawyers also represent our clients in other family law issues including; contested divorce, uncontested divorce, alimony & compensation, child custody, child support, recognition of foreign divorce decree, and other family law litigation.
Turkish Family Law & Divorce
We understand your needs when it comes to family law issues. We’re dedicated to helping you make the right decisions, even during difficult and emotional circumstances. Our Turkish divorce attorneys give you sound legal advice based upon the law, our experience and the unique facts of your situation. Our firm’s family lawyers are devoted exclusively to family law issues including contested divorce, uncontested divorce, alimony & compensation, child custody & support, recognition of foreign divorce decrees, and litigation.
We represent Turkish or non-Turkish clients in family law litigation including a simple no-contest divorce proceeding to a complicated divorce with significant property and children. Our divorce lawyers also represent our clients in other family law issues including; contested divorce, uncontested divorce, alimony & compensation, child custody, child support, recognition of foreign divorce decree, and other family law litigation.
How to Get Divorced in Turkey?
In Turkey, application for divorce is made to a family court with a petition. Mediation is not used in relation to divorces in Turkey. Under the Turkish Code of Civil Procedure, the court which has jurisdiction to deal with a divorce case is generally the court of the place where the parties are domiciled for the last six months. For these purposes, “domicile” means the place where they reside on a fixed and permanent basis.
When it comes to property disputes that arise out of a divorce case, different rules may apply. If the parties have, by the time of the property dispute, different domiciles (i.e. they’re permanently resident in areas covered by different courts), then the property dispute may be dealt with in the court where either of the parties is domiciled but, generally, the court that first took charge of the case will have priority and deal with the whole of the case.
The Process in Agreed Divorce
If the Parties are applying for a divorce on the “no fault” basis, and they’ve been married for at least one year, the process can be very quick. There will usually be a written agreement between the parties consenting to the divorce and setting out what should happen to the couple’s assets and their children.
The judge may accept the terms of this agreement and simply grant the divorce, or they may vary the terms of the agreements in so far as they relate to what should happen to the children: where they live, financial arrangements for them, etc. The judge may not vary the terms agreed about how the matrimonial property should be divided. An agreed divorce may be dealt with in as little as two weeks. Despite the fact that it is agreed, the Parties may appeal against the decision within 15 days.
The Process in Contested Divorce
Contested divorces are also dealt with by the courts in Turkey. The Court that has jurisdiction is determined by the rules set out above. During the course of the divorce hearing, the Court will decide whether the alleged grounds for the divorce exist and justify the divorce in legal terms and it will also decide what shall happen to the couple’s assets and children. The Court can also award the “innocent” party moral compensation for the behavior they have suffered or the stress they have been caused.
What Happens to the Children?
According to Turkish Family laws, the interests of the Children are the Court’s primary concern when dealing with any divorce. In order to do this the court will consider; if there is agreement by the parties on these issues the court will consider whether the agreement appears to be fair and reasonable when looked at from the perspective of the children.
If there is no agreement between the parties or if it feels that that agreement is unreasonable, then the court will make orders as it sees fit.
There is no mutual custody in Turkey. The parent who has the custody is responsible for making all the major decisions regarding the child’s life? These include the type of schooling to be received, major healthcare decisions, religious observance, the country of residence etc. It is normal for these decisions to be made by the parents together, even after divorce. In cases where the relationship between the parents has deteriorated to where this is not possible then the court will make a judgment upon application of the other parent in favor of the child.
We are Turkish Family Lawyers
If you live outside of Turkey, and are looking for a family lawyer & divorce attorney to assist you with divorce, child custody or child visitation, and child support issues, give us a call. We work regularly with clients who live in abroad but have children or divorce matters in Turkey. We understand the frustration that a long distance legal battle can cause and will do all we can to limit your travel expenses and win your case.
Turkish Divorce Regulations
Turkey legally recognizes marriages executed in Turkey. A marriage is registered at a local Vital Statistics Office (Nufus Dairesi). In Turkey, all family records are recorded in the Vital Statistics office that was the original home to the family. Even if no one currently lives in that area, births, marriages, divorces, and other events are recorded in this one location.
In the event the marriage was executed in another country, the marriage may be registered through the nearest Turkish consulate. The Turkish Consulate will forward the documents to the office that handles that family record book.
To terminate a legal marriage it is required to obtain a divorce decree from a Turkish family court. Divorce proceedings are generally open to the public. However, at the request of either party, a judge may choose to preside over a closed or private court case. Judges may also take temporary measures for the protection of the parties, their property, and the welfare of their children.
Separation in Turkey
When a divorce case is filed, a judge may decide on separation, if he or she determines there is a possibility of the parties reconciling. A period of 1-3 years can be given for separation before the final decision to grant a divorce is reached.
Following a divorce, the woman generally resumes the last name she had before the marriage. She may, however, continue to use her husband’s last name if the judge approves this decision. The divorced woman may not legally remarry within 300 days following the date of the dissolution except in cases where court permission is obtained.
In divorce cases in Turkey, the court also rules on child custody issues. The court may compel non-custodial parents to contribute to each child’s health and education expenses in proportion to the parent’s economic status.
Grounds for Divorce or Separation in Turkey
- Adultery, Maltreatment, threat to life, severe insult
- Committing a crime which degrades the integrity or the prestige of the other party
- Deserting home: If one of the parties leaves home and does not return for at least 6 months without showing a valid reason and also does not respond to the Judge’s warnings, the deserted spouse may open a court case for a divorce. The party who has forced his/her spouse to leave home or who prevents the return of the spouse without any valid reason is also considered to have deserted his/her home.
- Mental illness: If one of the parties has a mental problem which is confirmed by an official medical committee report that it cannot be treated, a court case for a divorce can easily be opened.
- Incompatibility: Though this is the widest area of grounds for opening divorce cases, the Defendant has the right to reject a court case if the Plaintiff is found to be more at fault. If the judge, however, decides that the right of rejection is being exploited and that there is no benefit for the Defendant and the children in maintaining the marriage, a decision for divorce can be made.
If the marriage has lasted for at least one year and a joint application for divorce is made, or a court case filed by one spouse is accepted by the other spouse, the marriage is considered to be impaired. In such cases, the Judge listens to both sides and approves the agreement reached by the parties regarding the protection of the children and financial affairs. The Judge has the authority to make any changes on the arrangements. If both parties consent to these changes, the divorce decision is given.
If three years have elapsed from the date a divorce case is rejected and living together has not been established, the marriage is considered to be impaired and a divorce decision is given upon application to the court by either spouse.
If you live outside of Turkey, and are looking for a family law attorney to assist you with divorce, child custody or child visitation, and child support issues, give us a call. We work regularly with clients who live in abroad but have children or divorce matters in Turkey. We understand the frustration that a long distance legal battle can cause and will do all we can to limit your travel expenses and win your case.
Reach us for Turkish Family Lawyers
Since its foundation, Legalixa Law Firm has been the choice of numerous clients in Turkey. We’ve always worked differently than other law firms. We are committed to remaining forward-thinking and preparing for the dynamically changing world of Turkish family law. You may reach our law firm for Turkish family lawyers by sending an email or through Contact page.