About Divorce & Separation Law in Istanbul, Turkey:
Divorce and separation laws in Istanbul, and in Turkey as a whole, are controlled by the Civil Code of Turkey. Both divorce and separation are recognized, however, the process and requirements for each can be complex depending on the circumstances. Grounds for divorce include irretrievable breakdown of the marriage, family violence, potential harm, adultery, desertion, mental illness, and others. Legal separation could also be another resolution, if both the parties agree upon it. It's essential to understand your rights and responsibilities under these laws.
Why You May Need a Lawyer:
Right from the start, people often need lawyers for divorce and separation procedures in Istanbul due to the complex nature of the legal system. Lawyers can provide necessary advice, prepare required paperwork and represent you in court. If a divorce involves child custody, alimony, or division of marital property, having a lawyer becomes even more crucial to protect your rights and interests.
Local Laws Overview:
Local laws in Istanbul mandate that a couple must be married for at least one year before they can apply for divorce. In case of an uncontested divorce, both parties must agree to the divorce and its terms. For contested divorces, grounds must be established and proven in court. Alimony is not guaranteed, and the division of marital property is typically based on the couple's financial contribution during the marriage. Child custody is usually awarded to the mother, but ultimate decision remains in the best interest of the child.
Frequently Asked Questions:
1. Can I get divorced in Istanbul if I was married in a different country?
Yes, you can get divorced in Istanbul even if you were married elsewhere, as long as you or your spouse are a resident in Turkey or have Turkish nationality. You will need to provide official marriage certificate translated into Turkish.
2. How long does a divorce process take in Istanbul?
The length of the divorce process varies greatly depending on whether it's contested or uncontested. Uncontested divorces can often be finalized in just a few months, while contested divorces can take several years to complete.
3. Can I get alimony after divorce?
Alimony is not guaranteed and is considered on a case-by-case basis. Various factors like length of the marriage, financial status of both parties, and contributions to the marriage are considered while deciding the alimony.
4. Who gets custody of the children after divorce?
In Turkey, the mother often gets primary physical custody, but the court decides based on what's in the best interest of the child. Joint custody is also a possibility.
5. Can I contest the divorce if I don't agree with it?
Yes, you can contest the divorce. To do that, you'll need to hire a lawyer and present evidence to prove that the grounds stated for the divorce are not correct.
Additional Resources:
The Ministry of Justice of the Republic of Turkey, Istanbul Bar Association, and the Family Courts are valuable resources. You could also seek help from local NGOs and women rights organizations for support and assistance.
Next Steps:
If you need legal assistance, it's advisable to consult with a divorce lawyer. Preparing your legal documents, understanding your rights and responsibilities, and getting a clear picture of potential outcomes are also important steps to take.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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