General Information Note on Divorce Cases According to Turkish Law

Divorce cases are legal processes initiated to terminate a marriage union. In Turkey, divorce cases are conducted in accordance with the provisions outlined in the Turkish Civil Code and relevant legal regulations. Below is a general information note regarding important aspects to consider and pay attention to in divorce cases:

Types of Divorce: According to the Turkish Civil Code, divorce cases can be filed based on various grounds. Examples of these grounds include adultery, violence, ill-treatment, and abandonment. Divorce cases are generally categorized as either uncontested (mutual consent) or contested divorces.

Legal Counsel: The divorce process can be emotionally challenging and complex. Therefore, it is important to work with a lawyer. A lawyer will provide legal guidance regarding the divorce process, protect your rights, and assist you in managing the proceedings.

Uncontested Divorce: An uncontested divorce can be pursued when the spouses reach an agreement on the terms of the divorce. In uncontested divorces, a divorce protocol is prepared and submitted to the court for approval. The divorce protocol may address issues such as property division, child custody arrangements, and alimony.

Contested Divorce: If the spouses cannot reach an agreement or if there are children involved, a contested divorce case can be filed. In contested divorce cases, the court will determine matters such as property division, child custody, and alimony. It is crucial to present evidence accurately and diligently follow the legal process during this stage.

Child Custody Arrangements: In divorce cases, determining child custody is a significant matter. The court will make a custody decision based on the best interests of the child. Joint custody, sole custody, or another arrangement may be determined. Factors such as the child’s needs, living conditions, and parenting abilities of the spouses are considered in determining custody.

Property Division: In divorce cases, the division of marital assets becomes relevant. According to the Turkish Civil Code, assets acquired during the marriage are divided equally between the spouses. Property division can be determined through a divorce protocol in uncontested divorces or by court order in contested divorce cases.

Alimony: Alimony may be requested in divorce cases to provide financial support from one spouse to the other. The amount and duration of alimony are determined by the court, taking into account factors such as the financial situation of the parties, their standard of living, and the needs of the children.

Divorce cases can be complex and emotionally challenging. Therefore, seeking professional legal assistance and carefully managing the process is important. Each case is unique, and individual counseling and lawyer support are crucial in navigating the divorce proceedings.