DIVORCE LAWYER in TURKEY

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What is a Divorce Case?

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Divorce proceedings can be carried out with or without a lawyer; It is one of the reasons that terminate the marriage union, such as death, declaration of absence, presumption of death and change of sex. Although there are exceptions, divorce cases are generally tense and difficult processes for divorcing couples. Situations such as not being able to use the joint residence by one of the spouses during the divorce or limiting the contact with the children can create a great psychological burden on the parties. However, in addition to the psychological suffering caused by the divorce process, there are also some financial consequences arising from the liquidation of the property regime between the spouses and the side aspects of the divorce.

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Divorce cases are opened by submitting the petition to the authorized Family Court and paying the necessary fees, and then the trial process is carried out in accordance with Turkish Constitution, Turkish Civil Code, Code of Civil Procedure, Law No. 6284 and other relevant legislation. In the case of divorce, if the trial process is not carried out in accordance with the legislation and the Supreme Court precedents, huge payments to the other party may come to the fore due to issues such as property sharing and other with the side aspects of the divorce.

 

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What are the Side Issues of Divorce?

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Although matters such as compensation for divorce, custody, alimony, and property sharing obligations in divorce seem to some to be quite simple; These are legal issues that have a serious impact on the economic future of the parties and should be handled with great professionalism in order to prevent possible loss of rights that are difficult to return. Huge amount of compensation, alimony, property sharing obligations and various other possible loss of rights (such as not being awarded alimony for the woman, losing the right of custody of the woman or man) may be awaiting the both parties of divorce. As Delil Law Firm, we are aware of this fact, so we assimilate the situation of our clients with our understanding of business ethics, legal personality and social responsibility awareness in order to serve among the best divorce lawyers in Turkey.

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Divorce Lawyer in Ankara, Turkey

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Contrary to popular belief, lawyers in Turkey do not work and specialize in distinctions such as divorce lawyer, criminal lawyer or business lawyer. In other words, there is no special type of attorneyship and activity under the name of "divorce lawyer" in Turkey. Every lawyer can deal with any legal business, transaction and litigation for which he is duly authorized. But of course, this does not change the fact that some lawyers have much more knowledge and experience in certain areas. Delil Law Firm provides legal support services to its clients all over the world in the fields of family law, corporate law, foreigners law, real estate law and inheritance law.

 

Although it is not obligatory for the parties to represent themselves through their lawyers in divorce cases, divorce lawyers in Turkey are experienced in divorce cases and are able to comply with the rules of procedure regarding divorce cases and precedent decisions given by the Supreme Court regarding divorce. It should not be forgotten that divorce attorneys in Turkey are aware of the functioning of the process of divorce cases and the establishment of the judgment, and thus they are in a position to defend the interests of his clients in the most correct way. For this reason, anyone who are looking for a divorce lawyer in Ankara can acquire representation and follow-up services with the help of a lawyer regarding the divorce case by signing an attorney-client agreement with a lawyer who is a member of the Ankara Bar Association.

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Divorce cases are within the framework of family law, which is an area of law that should be emphasized, as it concerns the family, which is the basic building block of society, and the joint children in the marriage union. And yet, if we need to make a definition for "best divorce attorney": The best divorce lawyer in Turkey will be a lawyer who should consider the general interests of the society as well as the interests of their clients. Any lawyer who has already completed his legal internship and has taken his oath and obtained a lawyer's license: As long as he/she is faithful to the truth, justice, education and his/her oath, is the "best divorce lawyer" in the period of concretely handling the divorce case. While Delil Law Firm primarily serves its clients located in Ankara, it also aims to serve among the best divorce lawyers in Turkey in interaction with clients located all over the country and even abroad.

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What are the Legal Reasons(Grounds) for Divorce in Turkey?

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Divorce cases are not cases that can be opened for any reason. It must be opened on the basis of one of the grounds for divorce stipulated in the Turkish Family Law. Which reason is chosen ultimately changes the functioning of the trial and the evidence situation and even the basis on which the verdict is based. Therefore, choosing the most appropriate divorce reason(ground for divorce) for your concrete case before the opening of the divorce case is a very legal and technical issue and it is absolutely necessary to get the help of a Turkish lawyer regarding this issue. 

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If we need to give a brief information about divorce cases in Turkish Family Law, they are divided into two as general divorce reasons and special divorce reasons according to their reasons.

 

General reasons(grounds) for divorce are:

• Uncontested divorce and

• Divorce case due to severe incompatibility between spouses(the shaking of the foundation of the marriage union)

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Specific reasons(grounds) for divorce are:

• Divorce due to adultery,

• Divorce due to attempted murder, bad or dishonorable behavior,

• Divorce due to committing a crime and leading a dishonorable life,

• Divorce due to abandonment of the spouse and

• Divorce cases due to mental illness

 

Because there are different precedents given by the Supreme Court for each type and the trial procedure and the evaluation of the evidences may differ in each type of divorce case.​

 

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How to File a Divorce Case in Turkey?

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The divorce case can be filed with a petition to be submitted to the family court or, where there is no family court, to the civil court of first instance as a family court. In order to open the divorce case, the necessary fees and expenses must also be paid to the court costs, otherwise the case will be deemed unopened. During the lawsuit, the procedural and substantive rules regarding divorce cases should be followed and even the slightest mistake should be avoided. Otherwise, there is a risk of irreversible loss of rights and loss of time. For this reason, we recommend that you benefit from the help of an Ankara divorce lawyer who is an expert in the field during the divorce case.

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For information about the subject of filing for a divorce in Turkey, click here: How to File a Divorce Case in Turkey?

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What Should Be Considered When Filing for a Divorce Case in Turkey?

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Before a divorce case is filed, the issue of whether an uncontested divorce is possible should be discussed and considered in detail. If it is possible for both parties to get a divorce via uncontested divorce then it might be the best option for them. If it is possible for the spouses to reach into an agreement then the experts do not prefer the contested divorce method.

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If an uncontested divorce is not possible, the divorce case will be held as a contested divorce case. In order for the court to decide to divorce the parties in a contested divorce case, the fault of the other spouse must be proven before the court. For this, the party who wants to file a lawsuit should collect the evidence that can prove the legal grounds for the divorce. It is recommended to conduct a detailed research in order to determine which evidences and which issues can be used as proof in the divorce case, and even to acquire legal consultancy services by meeting with a divorce lawyer who is expert in his field.

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How Long Does It Take for a Divorce Case to Be Concluded in Turkey?

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Uncontested divorce cases can be concluded within a period of 1 week to 5 months in Turkey, depending on the workload of the court and the date of the first hearing.

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Contested divorce cases, on the other hand, are very different. In contested divorce cases, the phase of exchanging petitions, investigation and trial takes at least 1 year only in the court of first instance. However, if the appeal and appeal processes are taken into account, it can be observed that there are trial processes that take 3 to 6 years or maybe even more depending the workload of the courts. Working with a divorce lawyer who is an expert in his field will ensure that the investigation is concluded as quickly as possible and this time is reduced.

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How to File an Uncontested Divorce Case in Turkey?

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In the uncontested divorce case, the parties should agree on the issue of divorce and the fringe rights and obligations related to the divorce, as well as preferably the liquidation of the property regime, and put these agreements in writing with an agreed divorce protocol to be signed between them. Afterwards, this uncontested divorce protocol is submitted to the court together with the petition for divorce, and the necessary expenses are deposited at the court cashier.

 

With the opening of the case, preliminary proceedings report is prepared and notified to the parties of the case. With this notification, the hearing date of the uncontested divorce case can be learned. However, instead of waiting for the notification process, it is possible to contact the court clerk orally with the request to take a hearing date. Thus, it is possible to prevent time loss.

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Best Divorce Lawyer in Turkey

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There is no measure of competition among divorce lawyers in Turkey. That's why the phrase "best divorce lawyer" remains hollow. However, this does not change the fact that some lawyers actually have better and superior knowledge and supervision in the field of divorce cases compared to other lawyers.

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Since divorce cases are legal processes that deeply affect the family institution and marriage union, which are the basic building blocks of society, it should not be overlooked that the best divorce lawyer should be someone who acts with a sense of duty. Being aware of this responsibility on their shoulders, lawyers dealing with divorce cases should attempt to fulfill their duties duly with the motto of "justice and people first".

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Ankara Divorce Lawyer

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As we have mentioned before, there are no distinctions between lawyers such as divorce lawyers and criminal lawyers in Turkish law practice. However, in practice, lawyers dealing with divorce cases are commonly referred to as "divorce lawyers" by the people. Ankara divorce lawyer, in this sense, is a lawyer who is registered with the Ankara Bar Association and provides services mostly to meet the justice needs of his clients in Ankara and has knowledge and experience in divorce cases; For example, as Delil Law Office, we also work in the field of divorce law with our lawyers registered with the Ankara Bar Association, and we aim to provide divorce lawyer services in the best way to clients seeking justice. Even if an Ankara Divorce Lawyer is a lawyer registered with the Ankara Bar Association, he/she is a lawyer that can help his/her clients not just in Ankara but all over Turkey. 

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Contested Divorce Lawyer in Turkey

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Contested divorce case ise a type of case where many different legislative provisions, especially Turkish Civil Code and Civil Procedure Law and the Law No. 6284 on the Protection of the Family and the Prevention of Violence Against Women find application areas and the procedural and substantive provisions should be handled very carefully. And thus, it is not a simple case. It is essential that the strategy is set up correctly and that the process is carried out as a whole. The smallest mistake can have huge financial consequences. Contested divorce lawyer, on the other hand, is an expression used in reference to lawyers who handle contentious divorce cases among the public.

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Uncontested Divorce Lawyer in Turkey

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Uncontested divorce lawyer is the expression used among the people to describe the lawyers who carry out the uncontested divorce process between the parties who want to divorce and prepare the agreed divorce protocol in accordance with the will of the parties, who initiate and follow the uncontested divorce case before the Family Court.

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The fact that the uncontested divorce case is seen as a simple judicial matter, can cause very heavy loss of rights due to the careless preparation of the uncontested divorce protocol. Therefore, it is recommended to carry out the uncontested divorce process with the help of a lawyer or at least to acquire legal consultancy and advice regarding this issue. Although there is no obligation to represent the parties with a lawyer in divorce cases, it is useful to consult with a divorce lawyer who is an expert in the field and get legal advice and support in order to prevent irreparable losses in family law, as in all branches of law.

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Divorce Lawyer Phone Numbers in Turkey

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The people who are in search of a divorce lawyer can reach the phone number of the divorce lawyer they want to meet from the bar association plates of the cities they are in, if they know the lawyer's name and surname or registration number. Likewise, if they know which law firm to deal with, they will be able to access the address, e-mail and telephone numbers of the law firms that have a website.

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