Although Turkish Divorce Law does not directly refer to a branch of law, it is an expression that has its counterpart in legal terminology. While divorce cases represent that the marriage has been entered into the divorce process, Turkish Divorce Law refers to the legal procedures that must be followed in the management of divorce processes. Divorce Law in Turkey covers the divorce process in a single session or by respite, as well as the procedures related to the custody of the child if any.
As Istanbul Lawyer Firm, we offer legal advice in the field of divorce. We support our Turkish and foreign clients in winning divorce cases, taking legal action on the divorce process, and preparing the necessary documents.
Objectives of Divorce Law in Turkey
Divorce Law in Turkey has the purpose of operating the marriage termination process in a way that does not affect the parties badly and is under the law. To achieve these goals, divorce processes are carried out by going to the courts.
In cases where there is a disagreement in the claims of divorced persons, the judge makes the final decision. When making decisions in cases of disputes over custody, child support, and other issues, decisions are made according to the law and according to the most favorable conditions.
A divorce lawyer aims for his/her client to win the case during the divorce process and overcome the divorce process with the least damage. For this reason, divorce lawyers should be experts in Turkish Divorce Law and should be experienced in divorce cases. By choosing Istanbul Lawyer Firm, you can guarantee the successful status of your divorce process and contact us for an appointment.
Types of Crimes Under the Turkish Divorce Law
According to Turkish Divorce Law, crimes are related to Turkish Criminal Law. If one of the people who wants a divorce leaves home before the divorce case is filed and does not return for 6 months, this is considered a defect in the divorce case.
It is a crime for one of the spouses to take the life of the other, injure or defraud. These situations are grounds for divorce and also constitute a crime. If the crimes covered by the Turkish Penal Code take place between married persons, the situation in question is defined as a crime.
If one of the people who wants to divorce requests a restraining order against the other party, as long as this request is approved, it constitutes a crime for the person against whom the restraining order has been made to approach his/her spouse.
Grounds for Divorce in Turkey
There are various reasons for divorce in Turkey. An uncontested divorce takes place if the couples demand a divorce together. On the other hand, in cases where one of the parties has had pecuniary and non-pecuniary damages during the marriage, a divorce case can be filed.
Within the framework of Turkish Divorce Law, requesting a divorce when there is no problem other than marital conflict falls within the scope of "disruption of the martial union". In this case, the parties must convince the judge about the necessity of divorce.
The specific and defined reasons for divorce in Turkey are as follows:
- Committing a crime and leading a dishonorable life
- Mental illness
- Adultery
- Intention to life, very bad or dishonorable behavior
- Abandonment
The above reasons for divorce are listed in Articles 161-165 of the Turkish Civil Code.
Divorce Proceedings in Turkey
Divorce suits in Turkey can be filed for various reasons and petitions for divorce can be concluded in different forms. For the parties to pass the divorce case process most profitably, it is necessary to request advice from experienced and expert lawyers in the field of divorce courts.
Anyone who can file a lawsuit in Turkey can file a lawsuit without the need for a lawyer. However, legal advice is important for the faster operation of the process and its successful conclusion.
Court Proceedings in Contested Divorces
In contested divorces, court proceedings are the divorce processes that arise due to situations such as the unwillingness of one of the parties to divorce, a disagreement about custody, or a disagreement about alimony.
In this process, being represented in court by a lawyer who is an expert in the field makes the divorce process more comfortable. Also, being represented by a qualified attorney makes it easier for you to get your divorce process claims.
As Istanbul Lawyer firm, the legal consultancy service we provide for your divorce lawyers in Turkey needs includes:
- To follow the divorce process
- To file a divorce case
- Prepare protocol
- Preparation of marriage contracts
In addition, opening and following up on alimony and custody cases are professional services we offer. If a contested divorce occurs in the case of foreigners, it is recommended that people get information about Turkish Citizenship Law in order to extend their residence permit.
Divorce of Foreigners
If one of the people who want to get a divorce is a foreigner, it is possible to get a divorce in Turkey. If both parties are foreigners, divorce law is carried out depending on their nationality. If both parties have two nationalities apart from Turkish citizenship, Turkish Divorce Law shall be taken as the basis for the divorce.
Divorce cases of foreigners are carried out by the court in their place of residence, just like for Turkish people. The rights of foreigners are determined in detail within the scope of Immigration Law.
FAQ About Divorce Law in Turkey
Below are some of the frequently asked questions about divorce in Turkey.
Can Turkish People Divorce?
Turkish citizens can get divorced for special reasons or the reasons defined in Article 165 of the Turkish Civil Code.
How Long Does A Divorce Take in Turkey?
It is possible to divorce in a single session in Turkey. However, if there is a contested divorce process, the divorce process can take a year or longer. The duration of the divorce varies according to the reasons and demands of the divorce.
What Are Divorce Laws in Turkey?
The person who wants divorce must petition the court and provide evidence of the reason for the divorce if any. Evidence is examined in court and the accused are heard. The decision on divorce can be announced within 16 days after the court, or it can be given during the court.
