DIVORCE LAWYER IN TURKEY
With the divorce case which is one of the most prosecuted cases in our judicial system, the lawyers who rule this cases and specialist in the field of family law are called as divorce lawyers and their importance is remarkable. In the cases of the wife and husband are alive, spouses who want to terminate their marriage for various reasons apply to the divorce case in turkey. If it is required to make a definition for divorce, while spouses are alive, the situation of termination of marriage community by the decision of Family Court as a result of the case that one of the spouses will open on the basis of a reason of divorce envisaged in the law is called as divorce. As marriage union has a different importance in terms of our social order and our law, its termination also has the same importance. For this reason, the issue of divorce was emphasized separately in the first part of the Turkish family law book.
The importance of divorce lawyer in turkey cannot be ignored in terms of to be able to prevent the occurrence of some legal problems after divorce and a quick and perfect end to the divorce case that will be filed. The fact that the Turkish divorce procedure is not taken seriously and acting according to the petitions and protocols used on the internet cause the occurrence of problems both in the process and after. It will not be possible to prevent loss of rights in case of the occurrence of situations such as non-participation of required important descriptions in the petition of divorce, indication of measures or requests untimely or improperly and specification of incomplete evidence or non. Therefore, whatever the reason for the divorce case to be opened, it will be correct to initiate and conduct legal proceedings with a turkish divorce lawyer expert in the field of family law in order to prevent the loss of rights and benefits.
Which cases does the divorce lawyer rule ?
As a result of divorce lawyer is considered as a specialist lawyer in the field of Turkish family law, it plays an important role in solving all kinds of legal disputes that may arise in this field. First of all, we should mention that the main field of expertise of turkish divorce lawyer is, of course, the divorce lawsuits. Divorce cases splits into two categories as contested and contracted divorce. In a contracted divorce, the spouses must have agreed on all the situations before the divorce and have completed the agreement protocol fully.
Even though contracted divorce cases seem easy, the situation does not appear to be that way in practice. Contested divorce cases are being subject to the more challenging and longer duration. The reasons for divorce to be brought to court in this divorce case must be determined very well and at the same time, it is necessary to give importance to the evidence that will be presented to the court. As a result, it will be best action to act through an expert divorce lawyer in turkey in both divorce cases.
Divorce lawyer has an important role not only in divorce cases but also in terms of alimony that will be demanded as a result of divorce. Alimony is a payment that is awarded only with the decision of divorce. It can be determined by a divorce protocol in the case of a contractual divorce or by a judge as a result of a contentious divorce in turkey. At the same time, if there is a determined alimony, it is possible to request the reduction, increase or abolishment of the existing alimony by opening an alimony case later. Here at this stage, it is also important to consult a Turkish divorce lawyer.
The importance of divorce lawyer
In addition to this, divorce lawyer in turkey are also needed in a great deal about guardianship. Guardianship refers to the entire rights of underage children and it is a situation that constitutes a major obstacle in divorce cases. The parents who are in the phase of separation want to set up future of their child or children by themselves and so they want the custody to be left to them. Therefore, it is important for parents to whom the guardianship will be left at the end of divorce in turkey.
The replacement of custody is possible not only at the results of the divorce case but also afterwards. In this case, the case of changing the guardianship must be opened. The spouses who want to have the guardianship either in divorce process or afterwards must definitely get help from a divorce lawyer in Turkey. Besides all these, if the sharing of goods between spouses has not already realized or if different situations related to the property regime had arisen after divorce, the party wishing to protect his/her rights will be able to avoid potential loss of rights and benefits by acting with a divorce lawyer specialist in turkish family law.
It is possible for the spouse claiming that the rights and benefits were damaged due to the reason of the divorce case to open a compensation case at the same time. We come across with this situation in cases where divorce proceeding realize especially because of deception. This spouse, who has the opportunity to file for both material and moral compensation case, must consult a divorce lawyer before opening this case and act in the direction of his/her legal path.
The role of divorce lawyer in divorce case due to deception
Opening a divorce case due to deception is one of the most common-occurrence legal subjects. Adultery which is one of the causes of divorce can be defined as a marital relationship with someone other than his/her spouse in violation of the loyalty obligation of a married person.
Divorcement due to deception states among the private reasons of divorce Turkey in Turkish Civil Law. If the divorce case is opened for that reason, it will be inevitable that the contested case will be the case in Turkish divorce procedure. It is stated in the 161st article of Turkish Civil Law that if one of the spouses commits adultery, the other one can file for a divorce case. The spouse who has the right to file for a case will lose his/her right in 6 months after he/she learned this situation or 5 years after the act of adultery in any cases. But, if adultery happened continuously, there will be a new right that subject to a new period from each of adultery action. These periods, which are foreclosures in divorce laws in turkey, will ex officio be considered by judge.
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While opening divorce case due to deception, the legal process should definitely be started and continued with a divorce lawyer istanbul who is expert in the field of family law in terms of being able to prove this situation, providing protection for the rights of cheated spouse and also being able to open a compensation case if necessary. The request of compensation is possible not only with divorce case but also with a separate case. It is possible to open a compensation case against the third person who is adulterated with a married person knowing that he/she is married according to divorce laws in Turkey. That opening the case with some precaution requests of the spouse, who will demand for compensation, will be more appropriate in terms of getting an effective result.
The importance of divorce lawyer in divorce case due to irretrievable breakdown of marriage
The divorcement reason which is called as irretrievable breakdown of marriage is originality accepted as divorcement due to shaken of marriage union in Turkish Civil Law. This situation, being as the general reason of divorcement, has been regulated in the 166th article of Turkish Civil Law. According to the provision of the relevant article, if the marriage union is shaken from its cornerstone to such an extent that it is unexpected from them, one of the parties can file for divorce case. In this case, if the complainant’s fault is heavy, the defendant has the right to appeal the case according to Turkish marriage laws.
There are some conditions that are required for the divorce case to be opened due to severe incompatibility. The first of them is that the marriage union has suffered so much that it cannot continue the common life. That having made life inexhaustible for a spouse of this incompatibility between spouses is enough. At the same time, the judge will decide whether the incompatibility between spouses will be counted as the reason for divorcement or not. That will be enough for one of the spouses to open divorce case based on this reason. The common examples that can be given for irretrievable breakdown of marriage; mutually insulting, tread on the spouse to beat, mockery with the spouse, slander to the spouse, insult to the family of the spouse, etc.…. The spouse who wants to open divorce case due to the shaken of marriage union from its cornerstone must consult to a divorce lawyer and give start to Turkish divorce procedure in accordance with his/her instructions.
The divorce case because of not fulfilling the duties of masculinity
That not to fulfil the duties of masculinity can occurs in various types within the marriage union such as refusal of man to run the household without a legitimate reason, refraining from sleeping with his wife and refraining from taking responsibilities of home without a legitimate reason again. If the divorce case is opened because of that the man didn’t fulfil his duties of masculinity, he, who behave in this way, will be the defective party. There have usually been problems on issues like alimony, custody and compensation in divorce cases opened for this reason. For this reason, it should be consulted to Turkish divorce lawyer who has legal knowledge and experience in order to be able to execute the case that will be opened for this reason properly and thoroughly. It is not compulsory to get support from a divorce lawyer in turkey but it is important for protecting the legal rights that will come up due to divorce of the persons.
The things must be done for divorce from the point of view of divorce lawyer
First of all, it is necessary that incumbent and competent court has been determined in order to be able to file for divorce case. The commissioned court in divorce cases is the Family Courts in Turkey. The Civil Courts of General Jurisdiction will be in charge in the absence of the Family Courts. The competent court in these cases will be the court which states in the living place of one of the spouses or in the place in which they have been living together since 6 months before the case. After the incumbent and competent court is determined, it is required to submit the divorce petition to the court being talked about.
While writing the divorce petition, it should certainly be acted together with a divorce lawyer. Unfortunately, the petitions found on the internet are not enough; even they often cause the loss of rights of the spouse filing for case. While writing petition, the requests and the issues wanted to be considered should be clearly stated. Since this petition will directly affect the process of divorce case, stating demands clearly and thoroughly will be beneficial for the spouse who filed for case. At the same time, the reason for opening divorce case should be stated. It is absolutely necessary to go to a divorce lawyer in order to make sure that this is also done properly.
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If the spouse who want to divorce goes to a divorce lawyer, it is first clarified what the reason for the request of divorce is. This situation is important for the petition that will be written for opening divorce case. If a consensual divorce is mentioned, the parties must clearly tell their requests to the divorce lawyer and the divorce protocol must be prepared in accordance with that. If the statements of will are performed correctly in negotiated divorce, there is usually no problem during and after the divorce.
The reason of divorcement is important for the proceedings of case and the requests of spouse that will open a case in contested divorce cases. For example, it is possible to open the compensation case separately as well as it can be in divorce lawsuit in case of filing for divorce case due to deception. The divorce lawyer will again take a stand on protecting the rights of client both in the property regime and in the alimony issues and he/she will try to improve the process in this direction. At the same time, the subject of the guardianship of children is generally a problem in divorcement process. In this case, the divorce lawyer will carry out actions to ensure that the custody of children will remain to the client. It is possible to file for a lawsuit for the replacement of the guardianship after the divorcement results and this also should be realized with a divorce lawyer, again. The divorce lawyer is important in terms of flawless and complete operation of divorcement process and being able to get results fast.
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Of course, the fastest way to divorce is the negotiated divorce in which parties have a deal about the divorce and its results. If the marriage between spouses had continued a year, it would be possible to file for contracted divorce according to divorce laws in turkey and the divorce process will be realized fast with a divorce lawyer along with a protocol that has been arranged well.
Since the subject presented to the lawyer in contested divorce will be more complicated in comparison with the contracted divorce, it is possible that the case process will be longer. The specialist lawyer will shorten this process as much as possible and resolve the complexity as soon as possible to reach the conclusion. At the same time, the petition which have been written by a perfect divorce lawyer will be better than the petition which has been prepared without any help from any lawyers. The lawyer who knows how things work, of course, will be successful in shortening legal process. Also, the divorce lawyer will protect the rights and benefits of the spouse that will be complainant and he/she will be aware of legal periods based on legal knowledge and experience he/she has. So, we can say that the divorce process will be realized as fast as possible in any cases by an expert lawyer.
How much time it will take me to divorce by a divorce lawyer ?
We can say that the duration of divorce cases in major cities like Ankara, Istanbul and Izmir is longer compared to other cities due to the high number of cases. While the divorce case most likely to last in 6 months in these cities, this process falls to 3 months if the legal action is taken with the help of a good divorce attorney in Turkey. If we think that the divorcement process has been carried out with an attorney, it is possible to say that the divorcement process most likely to realize in 8-12 months in contested divorce cases. Of course, this may be longer or shorter depending on the characteristics of the concrete event.
This duration will be longer if the divorce case goes to appeal. Review of the appeal is 260 days on average. According to the data of Turkish Statistical Institute, there are 4500 cases on average resulted in a duration less than 2 months in Ankara, Istanbul and Izmir. From which we can reach the conclusion that acting with a good divorce lawyer in Istanbul will be beneficial for the complainant in every aspects. The best divorce lawyer
Publish Date: August 5, 2015