Divorce can be tough and emotionally draining, regardless of where it takes place. However, if you’re dealing with divorce in a foreign country, the legal complexities can be even more overwhelming. In Turkey, the divorce procedure is regulated by the Turkish Civil Code. It’s essential for anyone who is considering or facing divorce to grasp the details of this process. This article offers a thorough look at the divorce journey in Turkey, based on insights from the Boşanma Avukatı at Bahariye Hukuk, a law firm dedicated to providing accessible legal guidance.
Understanding Divorce Types in Turkey
In Turkey, there are mainly two kinds of divorce recognized by law: the uncontested divorce and the contested divorce. The distinction between these two types significantly affects the process, duration, and possible results of the divorce.
Uncontested Divorce (Anlaşmalı Boşanma)
The uncontested divorce is the most straightforward and quickest way to end a marriage in Turkey. In this situation, both parties need to come to mutual terms on all aspects concerning their divorce, which includes:
- Asset Division: An agreement on how to split up the marital property.
- Child Custody: Determining who will take full custody of the children and setting up visitation schedules.
- Child Support: Agreeing on how much and in what form payments for child support will be handled.
- Alimony: In cases where one spouse requires financial support, analyzing if one will pay the other, as well as the payout amount and duration.
For a couple to qualify for an uncontested divorce, they need to have been married for at least one year. They must file jointly with the court and appear to confirm their mutual understanding. A judge will review their agreement to ensure it’s fair, and if all is well, the divorce can be concluded in just one court session.
Contested Divorce (Çekişmeli Boşanma)
A contested divorce happens when the couple cannot reach an agreement on their separation’s specific terms. This type of divorce tends to be more complicated, consume more time, and can be quite emotionally draining. In Turkey, usual reasons for initiating a contested divorce include:
- Infidelity: One person being unfaithful.
- Abuse: Situations involving physical or emotional mistreatment.
- Abandonment: Leaving the marital home for no valid reason.
- Criminal acts: Being convicted of a crime that hinders living together.
- Mental health issues: Conditions that make it difficult to maintain the marriage.
- Irreconcilable differences: The marriage failing to a degree that makes it impossible for the relationship to continue.
In this case, the spouse who wishes to file for divorce (the plaintiff) must lodge a legal document outlining why they are seeking to end the marriage, complete with supporting evidence. The other spouse (the defendant) has a chance to respond and provide their own evidence.
Step-by-Step Breakdown of the Contested Divorce Process
The steps for navigating a contested divorce in Turkey generally encompass the following stages:
- Filing the Lawsuit: The plaintiff submits a divorce application to the family court, stating reasons and supporting evidence for the divorce.
- Official Notice to the Defendant: The court informs the defendant about the lawsuit, handing them a copy of the petition, and giving them a timeline to respond.
- Responding to the Divorce Petition: The defendant writes a formal response to the court, addressing the claims set forth by the plaintiff and bringing in their side of the story.
- Preliminary Hearing: A hearing to lay out the disagreements, collating preliminary evidence, and figuring out the subsequent actions in the process.
- Gathering Evidence: Both sides collect relevant proof to support their statements, which may include eyewitness testimonies, documents, and professional opinions.
- Witness Testimonies: People are allowed to provide live account witness statements that are relevant to the marriage.
- Expert Opinions: If the case has challenging aspects like evaluating assets or arranging child custody, the court may bring in experts for guidance.
- Judge’s Decision: After weighing everything presented, the judge decides on the divorce and its related aspects like asset division, child custody, child support, and alimony.
- Appealing the Decision: If either party is unhappy with the ruling, they have the right to take the matter up to a higher court.
Important Factors in Turkish Divorce Law
When considering the divorce landscape in Turkey, several pivotal aspects can influence the case’s outcome:
Asset Division (Mal Paylaşımı)
Turkish legislation typically splits marital property equally unless a prenuptial agreement determines otherwise. However, some types of assets might not be included in this division, like properties bought before marriage or those inherited.
Child Custody (Velayet)
The child’s best interests take center stage during custody decisions. The court evaluates factors such as the child’s age, health, and wishes, assuming the child is capable of making their preferences known, alongside each parent’s capacity to establish a supportive and stable home environment.
Child Support (Nafaka)
Usually, the parent who does not have full custody is required to pay child support to the custodial parent to help cover expenses like food, clothing, education, and healthcare needs for the kid.
Alimony (Maintenance) (Yoksulluk Nafakası)
Should one of the spouses face financial hardship after a divorce, they might be eligible for alimony. The alimony amount and how long it lasts depends on different factors, including how long the marriage lasted, the financial situations of both spouses, and their contributions to the marriage.
The Role of an Attorney in Turkish Divorce Cases
Going through the divorce process in Turkey can be quite complicated, particularly for those unfamiliar with the local legal system. It is strongly recommended to employ a knowledgeable lawyer to safeguard your rights and ensure a favorable resolution to your issues.
An attorney’s role is vital, with services that may include:
- Providing Legal Advice: Offering expert guidance on your obligations and rights under Turkish legislation.
- Document Preparation: Helping prepare and submit all required legal paperwork.
- Negotiating Settlements: Representing your interests throughout negotiations.
- Court Prosecution: Presenting your case in court on your behalf.
- Translation Aid: Offering translations for legal documents and interpretation during court settings.
Expert Insights from Bahariye Hukuk
Bahariye Hukuk is a legal practice situated in Turkey that provides professional assistance in legal advice and litigation, including in family law. According to their insights, grasping the ins and outs of Turkish Family Law is essential for a successful divorce. They highlight the significance of:
- In-Depth Case Review: Getting to know each client’s specific situation thoroughly to design a suitable strategy.
- Effective Communication: Making sure clients stay informed during the entire process and breaking down complicated legal jargon into comprehensible terms.
- Strong Representation: Vigorously advocating for the clients’ best interests during negotiations and in court.
Conclusion
The divorce landscape in Turkey can indeed seem intricate, but with adequate understanding and robust legal support, one can navigate through it successfully. By being aware of various divorce types, the important elements of Turkish family law, as well as the crucial involvement of a lawyer, you will be better able to assert your rights and secure the most favorable results. Bahariye Hukuk stands ready to offer essential legal support as you go through the divorce process in Turkey.