Uncontested and contested divorce cases, custody, alimony, division of property and jewelry claims.
The termination of the marriage union is a process that produces important legal consequences not only for the parties' civil status but also with respect to the custody of children, alimony, material and moral compensation, division of property, jewelry, and other financial and personal rights.
In divorce cases, it is of great importance that the parties' claims be correctly identified, that evidence be gathered in a timely manner, and that the litigation process be conducted lawfully.
Our firm provides legal consultancy and attorney services in the field of divorce and family law, particularly with respect to uncontested divorce, contested divorce, custody, contribution and poverty alimony, interim (precautionary) alimony, material and moral compensation, liquidation of the matrimonial property regime, jewelry claims, the establishment of personal contact, arrangements for contact with the child, the family residence, post-divorce disputes, and the recognition and enforcement of foreign court decisions.
Because every marriage and every family structure is different, the legal path to be followed in the divorce process must be determined by taking into account the parties' claims, the duration of the marriage, the situation of the children, the assets, income, and the available evidence.
Divorce law is the area of law that governs the termination of the marriage union and the legal consequences of divorce for the parties and any children. A divorce case is not limited to the termination of the marital relationship; within the case, or in connection with the divorce, many legal matters may arise, such as custody, alimony, material and moral compensation, liquidation of the matrimonial property regime, jewelry, the family residence, personal contact with the child, and protective measures.
A divorce case is filed by the spouse seeking to terminate the marriage union before the competent and authorized court. Before filing suit, the ground for divorce, whether the case will be uncontested or contested, the custody claim, alimony claims, compensation claims, disputes relating to assets, and the available evidence must be assessed. Particularly in contested divorce cases, it is important that the petition be properly drafted from a legal standpoint and that the facts to be asserted be supported by evidence.
Where the spouses agree on the divorce and its consequences, an uncontested divorce may be pursued. In an uncontested divorce, it is important that the parties reach agreement on matters such as the divorce, custody, personal contact with the child, alimony, material and moral compensation, and assets, and that these matters be properly set out. One of the most important documents in an uncontested divorce is the divorce protocol; the protocol may address matters such as the intention to divorce, custody, personal contact with the child, contribution alimony, poverty alimony, material and moral compensation, assets, jewelry, and other financial claims. Because failing to expressly address a right in the protocol, or using wording that could affect the parties' future claims, may produce significant legal consequences, it is important that the protocol be reviewed from a legal standpoint before it is signed.
Where the spouses cannot agree on the divorce or on its consequences, a contested divorce case may arise. In contested divorce cases, the ground for divorce, fault, custody, alimony, compensation, personal contact with the child and other claims are assessed by the court. In these cases, it is important that the parties support their claims with lawfully obtained evidence.
One of the most common grounds for divorce encountered in practice is the irretrievable breakdown of the marriage union to a degree that the parties can no longer be expected to continue their shared life; various events such as persistent discord, serious damage to the relationship of trust, failure to fulfill family obligations, excessive jealousy, financial problems, insults, and psychological pressure may be assessed according to the particular circumstances of the case. Where one of the spouses has had sexual relations with another person during the marriage, a divorce case based on adultery may arise; because the law provides for statutory time limits in adultery-based cases, it is important that the legal assessment be carried out after the event becomes known. Other special grounds for divorce set out by law may also be assessed according to the circumstances of the case, such as one spouse making an attempt on the other's life or engaging in severe and degrading conduct toward the other spouse, committing a crime or leading a dishonorable life, abandoning the shared residence with the intent of failing to fulfill obligations arising from the marriage union, or mental illness. Whether a ground for divorce exists and the question of fault are assessed separately in each case.
In divorce cases, which parent will be granted custody of the children is an important legal matter. In making this assessment, the court's fundamental criterion is the best interests of the child; in this context, factors such as the child's age, educational situation, the parents' living conditions, the child's care needs, the parents' relationship with the child, the child's current arrangements, and the child's own views may be assessed according to the particular circumstances of the case. Where the parties agree, or where the circumstances of the case are otherwise suitable, joint custody may also be legally assessed; the best interests of the child remain the fundamental criterion for joint custody as well. Where circumstances change significantly after the divorce, a change of custody may be requested; matters such as changes in the child's needs, changes in a parent's living conditions, or neglect of the child's care may be assessed in this context. The parent who is not granted custody has the right to personal contact with the child; the court may make arrangements for visitation days, weekends, official holidays, mid-term and summer holidays, and religious/national holidays. It is essential that the personal-contact arrangement established serves the best interests of the child.
While a divorce case is ongoing, interim (precautionary) alimony may arise in order to provide economic protection for the spouses and children; the court may assess the necessary temporary measures by taking into account the parties' economic and social circumstances. A spouse who would fall into poverty as a result of the divorce may, where the conditions set out by law are met, request poverty alimony from the other spouse; in this respect, the parties' economic circumstances, fault, income, expenses, and the economic consequences of the divorce are assessed. Contribution alimony may also arise, requiring the spouse who is not granted custody to contribute, in proportion to their financial capacity, to the child's care and educational expenses; in determining the amount of alimony, factors such as the child's needs, educational and health expenses, living conditions, and the parents' economic circumstances may be taken into account. Where the parties' economic circumstances or the child's needs change after the divorce, an increase, reduction, or termination of alimony may also be requested.
A spouse whose existing or expected interests are harmed as a result of the divorce may, within the conditions set out by law, request material compensation; in this respect, the parties' fault and the economic consequences of the divorce are assessed. A spouse whose personality rights have been violated by the events giving rise to the divorce may request moral compensation where the conditions set out by law are met; insults, severely degrading conduct, or other conduct that violates personality rights may be assessed according to the particular circumstances of the case.
Following the divorce, liquidation of the matrimonial property regime between the spouses may arise; in the division of property, matters such as the date of marriage, the property regime, the date on which assets were acquired, the nature of the asset, the distinction between personal property and acquired property, contributions, and debts are important. Division of property may also arise as a process separate from the divorce case. Where the participation in acquired property regime applies, one spouse may have a claim to participate in the residual value of the other spouse's acquired property; this calculation takes into account the nature of the assets, the date of acquisition, their value, and any existing debts. Where one spouse has, without receiving any or adequate consideration, contributed to the acquisition, improvement, or preservation of an asset belonging to the other spouse, a claim for a value-increase share may also arise under the conditions set out by law. Certain assets acquired through inheritance or gift may be treated as personal property; determining whether an asset is personal property or acquired property is important for the division of property. Where one of the spouses holds a company shareholding or operates a commercial business, how the company shares or the business should be treated for the purposes of liquidating the property regime must also be examined separately, as this requires particular expertise. Jewelry given at the wedding and to whom it belongs may also be a matter of dispute during the divorce process; factors such as the nature of the jewelry, to whom it was given, who purchased it, the parties' agreements, and the current condition of the items are assessed.
The residence in which the spouses lived together may be protected as the family residence within the conditions set out by law; matters such as who owns the residence, the land registry record, the spouses' use of the property, the rights over the residence, and its transfer or lease may be important. In divorce cases, it is important that the facts asserted be supported by lawfully obtained evidence; evidence such as witness testimony, written documents, messages, emails, photographs and videos, social media content, bank records, phone records, camera footage, medical reports, and official records may be relevant, but it is of great importance that the evidence be obtained lawfully. While a divorce case is ongoing, the court may adopt various interim measures for the protection of the spouses and children, such as temporary custody, interim alimony, personal contact with the child, and measures relating to the family residence.
Where violence, threats, persistent stalking, or similar circumstances exist within the marital relationship, protective and preventive measures such as a restraining order, an order not to approach the residence, an order not to harass through means of communication, and an order not to approach the children may be requested independently of the divorce case. In situations involving urgent risk, ensuring safety and applying to the competent authorities should be the priority. The finalization of the divorce decree does not always bring an end to all legal issues between the parties; new legal proceedings may arise, such as changes to alimony, changes to custody, the re-arrangement of personal contact with the child, division of property, jewelry claims, compensation, or enforcement proceedings. Where one of the parties is a foreign national, the marriage took place abroad, or the spouses live in different countries, divorce disputes with a foreign element may arise; in such files, matters such as the international jurisdiction of the Turkish courts, the applicable law, foreign court decisions, recognition and enforcement, and service of process must be assessed separately. For a divorce decree rendered abroad to produce legal effect in Turkey, it may be necessary, depending on the particular circumstances of the case, to carry out a recognition or enforcement process.
The duration of an uncontested divorce may vary depending on the court's workload, whether the parties' protocol is ready, and the hearing date. The parties having reached agreement on all the consequences of the divorce can allow the process to proceed more quickly.
The law requires that the marriage have lasted at least one year for an uncontested divorce.
The fact that one spouse does not want a divorce does not, by itself, prevent the other spouse from filing a divorce case. However, in a contested divorce case, the ground for divorce and the statutory conditions must be established.
Fault may be important not only for the divorce decision itself but also for material and moral compensation, certain alimony claims, and other legal consequences of the divorce.
The fundamental criterion in custody matters is the best interests of the child. The court assesses the child's age, needs, the parents' circumstances, and other specific factors.
As a general rule, personal contact can be established between the parent who does not have custody and the child. The scope of personal contact is determined with regard to the best interests of the child.
While liquidation of the property regime is connected to the consequences of the divorce, the procedure and timing for dividing the property are assessed according to the particular circumstances of the case.
A legal claim may be made after assessing to whom the jewelry belongs, its nature, and its current condition.
Electronic messages may qualify as evidence in a specific case. However, whether the evidence was obtained lawfully and its relevance to the dispute must be separately assessed.
Representation by a lawyer is not mandatory in a divorce case. However, because divorce entails significant legal consequences such as custody, alimony, compensation, division of property and jewelry, obtaining legal support, particularly in contested cases, is important to prevent the loss of rights.
A divorce decree is a process that can produce significant legal and personal consequences in a person's life. For this reason, before filing suit, it is important that the ground for divorce, the question of fault, the situation of the children, alimony and compensation claims, the assets involved, and the available evidence be assessed together. Our firm provides legal consultancy and attorney services in the areas of uncontested and contested divorce cases, custody, alimony, material and moral compensation, division of property, participation claims, value-increase share claims, jewelry, the family residence, personal contact with the child, protective and preventive measures, post-divorce disputes, and the recognition and enforcement of foreign court decisions.