What is Divorce?
Divorce refers to the process of legally ending a marital union. When the marital bond between two individuals can no longer continue due to mutual disagreements, incompatibilities, or other reasons, the relationship is terminated through divorce. Divorce cases address all family-related matters, including women's and children's rights. The divorce process is managed with the help of family law attorneys. Each party will select their own divorce lawyer. The divorce process requires decisions on various issues such as property division, child custody, and financial and emotional disputes.
What is Divorce Law?
Divorce law is a branch of law that regulates the legal termination of a marital union. In Turkish civil law, divorce is the termination of the marital bond by court decision based on a reason specified in the law while both parties are still alive. This process occurs through a court decision following the application of one or both spouses. The legal framework defining the rights and obligations of the spouses after the divorce is determined by the court. Main topics in divorce law include property division, custody, establishing personal relationships with children, alimony, financial and emotional compensation, and jewelry.
What Types of Divorce Are There?
Turkish civil law recognizes two types of divorce: contentious and consensual. The type of case depends on whether the parties agree or disagree.
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Contentious Divorce: This occurs when the parties cannot agree on the conditions of divorce and seek a resolution through the court. Contentious divorce cases involve the parties presenting evidence and claims to the court, which evaluates these claims and makes decisions based on the evidence and assertions. Disputes typically involve property division, child custody, and alimony. The court assesses the claims and makes a fair decision. During the case, the parties may still agree on certain matters and opt for an amicable resolution.
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Consensual Divorce: To file for a consensual divorce, the couple must have been married for at least one year. If not, a consensual divorce cannot be filed. Both parties must reach an agreement on all matters, including divorce terms, jewelry, alimony, custody, and other issues. A protocol containing all these agreements must be prepared. The parties agree on the divorce terms in advance and file the case based on this agreement. The court approves the agreement protocol and carries out the divorce. The terms of the consensual divorce protocol are binding after the case and are difficult to change later, so the protocol must be carefully and accurately planned.
How to File for Divorce?
A divorce case is usually filed through a divorce lawyer. First, you need to agree with a divorce lawyer who will assist you in gathering necessary documents and navigating the application process. The required documents are then submitted to the court to start the divorce process. At the end of the court process, decisions regarding compensation, child custody, and alimony are made.
The Role of a Divorce Lawyer in Your Divorce Process
Cases filed by individuals unfamiliar with legal procedures have a high chance of being rejected, even if they are valid. Therefore, working with a divorce lawyer is essential to avoid undesirable outcomes later. Failure to follow correct and necessary steps or making legal errors can lead to wasted time and less favorable outcomes. Although legal processes can be initiated without a lawyer, the consequences of not being well-versed in the legal process can be severe. Hence, the support of a divorce lawyer is crucial throughout the divorce process. A good divorce lawyer protects the client's rights, follows legal procedures, and works towards a fair settlement. Parties going through a difficult emotional period can navigate the process more quickly, easily, and fairly with the professional guidance of a skilled divorce lawyer. The lawyer provides legal consultancy at every stage of the divorce case, defending your rights and ensuring the case concludes in the best possible way for you.