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In Turkey, including Cankaya, the marriage institution is overseen by the Turkish Civil Code and divorce is recognized as a legal process. Divorce is a process which may be contested or uncontested. Contested divorce is a lengthy procedure that requires justification of valid reasons for divorce filed by one party against the other. Conversely, in uncontested divorce, couples can mutually agree to separate without any conflict, as long as they consent the divorce reasons, alimony, custody, and property settlements.
At times, a divorce can become a complex process due to issues regarding shared assets, alimony, child custody, or legality of foreign marriages or divorces. If you're going through a contested divorce, it becomes crucial to have a legal representative who could articulate your interests adequately. Lawyers can also help ensure that all paperwork is properly filed and deadlines are met, which can prevent potential delays or legal issues down the line.
Turkish Law allows for divorce in the case of irretrievable breakdown of the marriage, and if reconciliation attempts fail. The spouse who is at fault can be ordered to pay compensation. In case of shared custody not being possible, the best interest of the child (health, education, safety considerations) is taken into account to decide the custodian. Alimony and property distribution are also governed by specific clauses in the Turkish Civil Code.
Adultery, desertion, unreasonable behavior, and consented divorce are commonly recognized grounds for divorce in Turkey.
Immigrants can get divorced in Turkey through the same legal procedures as natives. However, the divorce decree awarded in Turkey must be registered in the foreigners’ original country’s records.
While mutual divorce can be finalized within a month, contested divorce procedures can take from three months to two years, or even longer depending on the complexity of the case.
Yes, alimony is common after a divorce. The spouse who is financially stronger generally pays the alimony to the other spouse. The amount is determined by the court.
The child's interests are the most important concern in this situation. The court will decide on custody based on the best interest of the child, taking into consideration health, education, and overall care.
Family Courts in Turkey, Turkish Ministry of Justice, and various non-government organizations provide advice and resources related to divorce and separation. You may access the District Court in Cankaya for direct inquiries and legal procedures.
If you are considering divorce and need legal assistance, the first step would be to hire a local lawyer experienced in Family Law. Gather all relevant documents like marriage certificates, financial statements, property deeds etc., and prepare to discuss your situation fully with your lawyer. Make sure to ask any questions you may have to avoid future misunderstandings or conflict. Remember, it is important to be fully comfortable and honest with your attorney as this will help them serve your interests best.
