Akkas & Associates 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 Turkish divorce cases. They hear “how to get divorced in Turkey?” questions a lot.
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.
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 family law and divorce law 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.
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 Famil 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 & Divorce Attorneys
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.
Reach us for How to Get Divorced in Turkey?
Since its foundation in 1992, Akkas & Associates Turkish Law Firm has been the choice of numerous clients in Istanbul, Turkey. Thanks to its nationally recognized Turkish family law practice, our firm is now one of the leading family law firms in Istanbul, Turkey. You may reach our lawyers for answers on how to get divorced in Turkey? through our Contact page.