How to Get Divorced in Turkey 2024
DIVORCE IN TURKEY
Divorce in Turkey falls under the jurisdiction of Family Law and the authorized courts are Family courts. Like some other countries where specific grounds such as abuse or misconduct must be proven, Turkish Family Law necessitate such evidence for divorce proceedings to commence, making the process relatively straightforward.
Despite the straightforward nature of divorce proceedings, individuals in Turkey have options if they prefer to navigate the process without legal representation. While seeking a divorce independently may initially seem daunting or financially burdensome, there are resources available to assist. Some attorneys offer affordable services, sometimes even under a certain fee. Additionally, there may be law firms offering special arrangements for simplified divorces, further easing financial concerns for those seeking to dissolve their marriage.
HOW LONG DOES GETTING THROUGH COURT IN FAMILY LAW PROCEEDINGS TAKE?
In Turkey, divorce proceedings can take varying durations. Court processes can range from a few months to over a year, involving filing pleadings, arguments, and responses. While some may opt for the traditional court route, others may choose uncontested divorces, which require minimal paperwork and signatures, thus potentially expediting the process.
UNDERSTANDING THE BASICS OF FILING FOR DIVORCE IN TURKEY
How to File a Divorce Petition:
Initiating divorce proceedings in Turkey involves filing a petition with the appropriate court, outlining the desire for divorce and relevant details. Completing specific forms and submitting them to the appropriate court jurisdiction is essential to initiate the legal process.
Mutual Divorce Petition (Uncontested Divorce Case):
Mutual divorce, where both spouses agree to end the marriage amicably, is also common in Turkey. This streamlined process involves fewer complexities and shorter waiting periods compared to contested divorces. Both spouses jointly file a mutual divorce petition, affirming their agreement to the terms of separation.
Mutual Divorce Process:
The mutual divorce process in Turkey includes drafting and signing a mutual consent agreement, attending court hearings, and obtaining the final divorce decree. While specifics may vary by local laws and court procedures, mutual divorces generally offer a faster, cost-effective resolution.
You can read our detailed article about mutual divorce petition and uncontested divorce case.
THE LEGAL STEPS OF GETTING A DIVORCE FROM FAMILY COURT IN TURKEY
In Turkey, divorce can be carried out through a legal separation process. Legal separation entails one spouse, the petitioner, living apart from the other spouse, without fully terminating the marriage. This arrangement can be temporary until both spouses reach an agreement or until a judge determines that they have lived separately long enough to be considered divorced.
THE FINANCIAL EFFECTS OF GETTING A DIVORCE
Divorce in Turkey can have significant financial implications, including considerations of alimony, child support, and division of property. This division may lead to debts or financial adjustments, particularly if there are joint assets or liabilities to be resolved.
How Do I Get My Spousal Support Payments Back?
If one spouse owes spousal support in Turkey, there are legal avenues to pursue for reimbursement. Depending on the situation, options may include seeking a court order to garnish wages or freeze assets until spousal support payments are fulfilled.
WHAT ARE THE LEGAL GROUNDS FOR GETTING DIVORCE IN TURKEY
Legal grounds for divorce in Turkey may vary, but generally, there are conditions under which divorce can be granted, including no-fault divorce, fault-based divorce, or least-fault divorce. Each option may have specific requirements and implications depending on the circumstances of the marriage.
High-Conflict Divorce in Turkey
In Turkish law, high-conflict divorce is recognized as a general reason for marital dissolution. When the relationship between spouses becomes intolerable beyond reasonable expectations, divorce may be granted.
Divorce Due to Adultery
Adultery serves as a specific ground for divorce, highlighting the breach of fidelity between spouses. If evidence demonstrates that one spouse engaged in sexual relations with another individual, the court may decree absolute divorce. The detailed article about Divorce Due to Adultery .
Divorce Due to Serious Offenses, Misconduct, and Respectability
To pursue divorce based on these grounds, one spouse must either face life-threatening actions from the other, endure severe mistreatment, or be subjected to deeply humiliating behavior. Acts such as physical violence and public humiliation warrant divorce under this category.
Engaging in Dishonorable Acts or Leading an Unacceptable Lifestyle
Should one spouse commit disgraceful crimes or lead a dishonorable life that renders the other’s existence intolerable, divorce can be sought. Examples of such crimes include theft and sexual assault.
Divorce Due to Abandonment
If one spouse unjustifiably leaves the marital home, evading the responsibilities of marriage, a divorce case based on desertion may be initiated. Legal proceedings can commence after fulfilling necessary requirements, such as issuing a warning.
You can read the article detailed here about divorce due to abandonment
Divorce Due to Mental Illness
In cases where an official report confirms that one spouse suffers from an incurable mental illness, divorce due to mentail illness proceedings may be pursued.
CHILD SUPPORT AND CUSTODY IN FAMILY LAW
Child custody and support arrangements in Turkey aim to prevent disputes from escalating into legal battles. Upon divorce or legal separation, parents are required to establish a parenting plan or reach agreements regarding child custody and visitation through court proceedings or written agreements.
CONCLUSION FOR FAMILY LAW AND FILING FOR DIVORCE IN TURKEY
In Turkey, as in many other countries, divorce is a significant legal process governed by Family Law. Individuals navigating divorce proceedings must understand their rights and obligations and seek appropriate legal guidance. While divorce marks the end of a marital relationship, it also signifies the opportunity for individuals to pursue new beginnings. This article outlines the legal procedures involved in filing for divorce in Turkey under Family Law.
FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE IN TURKEY
What are the stages of divorce in Turkey?
In general, the process of divorce in family court involves several stages. Firstly, the divorce petition is filed. Then, the petition is served to the spouse. Next, negotiation or mediation may occur to resolve any issues. Subsequently, court hearings take place to address any remaining disputes. Finally, the judge issues the divorce decree, formally ending the marriage.
Can foreigner couples get divorced in Turkey?
If both spouses are foreigners, it is still possible to file for divorce in Turkey. It can be possible the Law on International Turkish Private Law and Procedure Law that foreigners from filing for divorce in Turkey.
What is the easiest divorce process in the Turkey?
The simplest and quickest divorce process in the Turkey is usually an uncontested divorce, where both spouses agree on all issues such as division of assets, child custody, and support. This typically involves less time, legal fees, and emotional stress compared to contested divorces.
For further information, you can contact us.
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