Spouses may choose to end their marriage for various reasons. In certain situations, the divorce process can be contentious, challenging, and difficult for both parties. Yet, in other cases, it can be easy and less problematic thanks to the consent of both parties.
In Turkey, an uncontested divorce is a simple, easy, and agreed-upon divorce process where both partners consent to end their marriage without any conflict. In the case of a consensual divorce, the long legal processes and issues such as child custody, property division, or spousal support are easily handled.
For more information about uncontested divorce, you can contact our Turkish lawyer firm, Istanbul Lawyer Firm. Our experienced lawyers, who specialize in such cases, provide comprehensive legal support to ensure a smooth and efficient process.
How Uncontested Divorces Differ From Contested Divorces?
In Turkey, divorce is divided into two different categories, mainly contested and uncontested divorce. They differ in the consent given by the spouses. A consensual divorce happens when both partners agree on ending the marriage and may compromise on crucial matters like child custody, asset division, and alimony.
They collaborate to write a divorce decree outlining the terms they agreed on. However, in a contested divorce, there is a conflict between the spouses due to several issues, which requires the help of the court to resolve the case.
Legal Framework for Uncontested Divorce in Turkey
The Turkish Civil Code and the Code of Civil Procedure define the legal framework for such divorces in Turkey. These laws outline the general procedures and requirements for divorce, including consensual divorces.
For instance, according to Article 166/3 of the Turkish Civil Code, if a marriage has lasted at least one year, in a case where the spouses applied together or one of the spouses accepted the lawsuit of the other, the spouses can get a divorce.
How to Get an Uncontested Divorce in Turkey?
Getting an uncontested divorce in Turkey involves several steps, which include:
- Getting Legal Help and Finding a Divorce Lawyer: Having a divorce lawyer is not mandatory, but for a smooth divorce process, it is recommended to consult a divorce lawyer in Turkey. Thus, you can make sure that all the legal procedures are fulfilled.
- Reaching an Agreement: All divorce-related terms and conditions, such as child custody, child support, alimony (if necessary), and the division of assets and debts, must be discussed and agreed upon by both partners.
- Preparing a Divorce Agreement: The agreement must be accurate, cover any related subjects, and include exact and clear terms. To make sure that all necessary conditions are included, it is suggested that you seek legal assistance during this process.
- Submission of the Divorce Petition to Family Court: Both parties must file a divorce petition with the local family court together. The petition and the attached agreement will be examined by the court to make sure they comply with the laws.
- Divorce Decree and Court Approval: A divorce decree will be issued if the court finds the divorce agreement to be valid and under the law.
- Divorce Registration: Once the divorce decree has been obtained, it must be registered with the relevant Civil Registry Office. This is necessary to update government records and formally terminate the marriage process.
Frequently Asked Questions about Uncontested Divorce in Turkey
Here are some frequently asked questions about uncontested divorce in Turkey. If you have any further questions about consensual divorce, you can contact a divorce lawyer in Turkey. As Istanbul Lawyer Firm, we can assist you with this problem with our qualified lawyers.
Can I Get an Uncontested Divorce in Turkey If I am Not a Turkish Citizen?
If one of the spouses is a foreign citizen and the other is Turkish, the foreign spouse can file a divorce case in their own country, while the Turkish spouse can also file for divorce in Turkey. Also, if both spouses are foreigners who reside in Turkey, they have the right to divorce in Turkey.
For more information about this and your particular case, you can contact a Turkish divorce lawyer. Istanbul Lawyer Firm’s experienced attorneys have a deep understanding of Turkish divorce laws and can provide you with the guidance and support you need throughout the whole process.
Can I Get an Uncontested Divorce If I Have Children?
You can still get an uncontested divorce even if you have children. In most cases, getting an agreed divorce when the spouses have children is critical for the well-being of their children. Keep in mind that when children are involved, the court's top priority is protecting their best interests. To ensure their well-being, the parenting plan or custody agreement should take into account their needs.
How Long Does an Uncontested Divorce Take?
The length of the divorce may vary based on several factors, such as the specific processes and workload of the court, and how quickly the parties can complete the required steps. However, when compared to the other types of divorce, it may take considerably less time.
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