Akkas & Associates family lawyers in Turkey and divorce attorneys are prepared to handle divorce cases, from a simple no-contest divorce proceeding to a complicated divorce with significant property and children.
Our Turkish divorce lawyers also represent our clients in other family law issues including; contested divorce, uncontested divorce, alimony & compensation, child custody, child support, recognition of foreign divorce decrees, and other family law litigation.
We understand your needs when it comes to family law issues. We’re dedicated to helping you make the right decisions, even during difficult and emotional circumstances.
Our family lawyers in Turkey and divorce attorneys give you sound legal advice based on the law, our experience, and the unique facts of your situation.
Our firm’s family lawyers in Turkey are devoted exclusively to family law issues including contested divorce, uncontested divorce, alimony & compensation, child custody & support, recognition of foreign divorce decrees, and litigation.
Turkish Family Law & Divorce Regulations
Turkey legally recognizes marriages executed in Turkey. Marriage is registered at a local Vital Statistics Office (Nufus Dairesi). In Turkey, all family records are recorded in the Vital Statistics office that was the original home of the family. Even if no one currently lives in that area, births, marriages, divorces, and other events are recorded in this one location.
In the event the marriage was executed in another country, the marriage may be registered through the nearest Turkish consulate. The Turkish Consulate will forward the documents to the office that handles that family record book.
To terminate a legal marriage it is required to obtain a divorce decree from a Turkish family court. Divorce proceedings are generally open to the public. However, at the request of either party, a judge may choose to preside over a closed or private court case. Judges may also take temporary measures for the protection of the parties, their property, and the welfare of their children.
Separation Regulations in Turkey
When a divorce case is filed, a judge may decide on separation, if he or she determines there is a possibility of the parties reconciling. A period of 1-3 years can be given for separation before the final decision to grant a divorce is reached.
Following a divorce, the woman generally resumes the last name she had before the marriage. She may, however, continue to use her husband’s last name if the judge approves this decision. The divorced woman may not legally remarry within 300 days following the date of the dissolution except in cases where court permission is obtained.
In divorce cases in Turkey, the court also rules on child custody issues. The court may compel non-custodial parents to contribute to each child’s health and education expenses in proportion to the parent’s economic status.
Agreed Divorce in Turkey
If the marriage has lasted for at least one year and a joint application for divorce is made, or a court case filed by one spouse is accepted by the other spouse, the marriage is considered to be impaired. In such cases, the Judge listens to both sides and approves the agreement reached by the parties regarding the protection of the children and financial affairs. The Judge has the authority to make any changes to the arrangements. If both parties consent to these changes, the divorce decision is given. Our Turkish Family Law attorneys will assist you with your uncontested divorce in Turkey.
An agreed divorce minimizes family disruption and the emotional turmoil that goes with it. It is unfortunate, but those who battle over the kids usually end up doing the most harm to them. Kids are smart. They know you are fighting. They can “read” your feelings. They know how you feel about your spouse. Further, remember this, all kids will at some point place blame for the divorce on themselves. It is your job as a parent to make sure that this does not happen.
If three years have elapsed from the date a divorce case is rejected and living together has not been established, the marriage is considered to be impaired and a divorce decision is given upon application to the court by either spouse.
If you live outside of Turkey and are looking for a family law attorney to assist you with divorce, child custody or child visitation, and child support issues, give us a call. We work regularly with clients who live abroad but have children or divorce matters in Turkey. We understand the frustration that a long-distance legal battle can cause and will do all we can to limit your travel expenses and win your case.
Foreign Divorce Decree Recognition
A divorce decree obtained from a non-Turkish court does not automatically annul a marriage that was registered or has taken place in Turkey. Any Turkish citizen involved in such a legal separation should file a suit in Turkey to have the foreign divorce decree recognized by a Turkish family court. Divorce decrees issued in jurisdictions outside of Turkey are not considered valid for purposes of a divorce in Turkey.
However, under certain circumstances, it may be advisable for the divorcees to also register the divorce with the Turkish Family Courts in order to legally terminate the marriage in Turkey. This is not necessary for all cases and would generally only take place if the marriage was originally registered with the Turkish consulate or local Vital Statistics Office (Nufus Dairesi) where one member may continue to reside in Turkey and for the purposes of that person’s legal standing within Turkey.
A power of attorney, available in Turkey from any notary public, must be granted to an attorney who will start the divorce proceedings.
The followings are needed: 1. A Power of Attorney to a lawyer in Turkey 2. Original copy of the divorce decree
Similarly, if you have a divorce decree obtained from a Turkish court and want to have it recognized in your own country, you will need to have a court case filed in your country to have the Turkish court decree recognized.
Recognition
Divorce decrees passed by foreign courts for Turkish citizens living abroad are subject to filing a recognition lawsuit to make them valid and enforceable in Turkey. Recognition refers to the approval of a sentence passed by a foreign court to make it valid in Turkey. Legal outcomes of such sentences will be determined subject to the laws governing the foreign court. If this sentence is found unrecognizable, it will not bear any legal effect. However, such unrecognized sentences can be used as evidence to prove a dispute.
Execution
Execution refers to the approval of a sentence passed by a foreign court to make it enforceable in Turkey.
Child Custody in Turkish Family Law
Child custody can be the single most difficult issue in the divorce process. Assets are split in the petition as a one-time agreement, but the impact of custody arrangements continues after the divorce is finalized in accordance with the details of the petition. It is a common tactic in divorce proceedings to point out the other party as an unfit parent. The purpose of this approach is to win custody of the children, limit the visitation rights of the other party, protect the children from harm, or make one’s claim that they are the better party to which the court should assign custody. Our Turkish Family Law attorneys will assist you with your child custody cases in Turkey.
You must prepare yourself so that you could be portrayed this way in the divorce proceedings. It is often said that all the “dirty laundry” comes out during a divorce. Understand that this is a fight in which you must represent your best interests as well as the best interests of your children.
According to Turkish Family Law; there is only one type of conservatorship available which is Sole Managing Conservatorship. It refers to the custodial parent who has actual possession of the child at all times, except during the time the other parent has visitation rights. There is no Joint Managing Conservatorship yet.
The family regulations in Turkey include the rules regarding children, especially when their parents made a decision to get divorced. The rules related to custody are to be found in the Turkish Civil Code Law No. 4721 which stipulates that the mother and the father have custody rights from the birth of a child until he/she is 18 years old.
If they are divorced, custody is given to one of the parents, if the child was born during the marriage, and to the mother, if she gave birth outside a conjugal union. Both parents are the legal representatives of the child until he is 18 years old; after this age, she/he will represent themselves, and his/her parents aren’t allowed anymore to act on his/her behalf.
Divorce Grounds in Turkey
Chapter 2 of the Turkish Civil Code provides the following possible grounds for filing court cases for a divorce or separation in Turkey:
- Adultery, Maltreatment, a threat to life, severe insult
- Committing a crime that degrades the integrity or the prestige of the other party
- Deserting home: If one of the parties leaves home and does not return for at least 6 months without showing a valid reason and also does not respond to the Judge’s warnings, the deserted spouse may open a court case for a divorce. The party who has forced his/her spouse to leave home or who prevents the return of the spouse without any valid reason is also considered to have deserted his/her home.
- Mental illness: If one of the parties has a mental problem that is confirmed by an official medical committee report that it cannot be treated, a court case for a divorce can easily be opened.
- Incompatibility: Though this is the widest area of grounds for opening divorce cases, Defendant has the right to reject a court case if Plaintiff is found to be more at fault. If the judge, however, decides that the right of rejection is being exploited and that there is no benefit for the Defendant and the children in maintaining the marriage, a decision for divorce can be made.
If the marriage has lasted for at least one year and a joint application for divorce is made, or a court case filed by one spouse is accepted by the other spouse, the marriage is considered to be impaired. In such cases, the Judge listens to both sides and approves the agreement reached by the parties regarding the protection of the children and financial affairs. The Judge has the authority to make any changes to the arrangements. If both parties consent to these changes, the divorce decision is given.
If three years have elapsed from the date a divorce case is rejected and living together has not been established, the marriage is considered to be impaired and a divorce decision is given upon application to the court by either spouse.
If you live outside of Turkey and are looking for Turkish family law to assist you with divorce, child custody or child visitation, and child support issues, give us a call. We work regularly with clients who live abroad but have children or divorce matters in Turkey. We understand the frustration that a long-distance legal battle can cause and will do all we can to limit your travel expenses and win your case.
Our Turkish family lawyers are prepared to handle your divorce in Turkey. Turkish divorce grounds are adultery, maltreatment, a threat to life, severe insult, committing a crime, deserting home, mental illness, and incompatibility.
Legal grounds for dissolution of marriage are divided into two groups: special and general. Sections 161 to 166 of the Turkish Civil Law define those legal grounds as follows: the special legal grounds are adultery, deliberate attempt to kill, maltreatment, humiliating behavior, committing a crime, unreasonable behavior, desertion, and mental disease; the general legal grounds are incompatibility, coming to a mutual agreement on divorce, no-contest divorce, and living apart for three years after an application for dissolution of marriage has been denied by the court.
Marriage will not be dissolved upon the filing of the decision made by only one of the spouses. Marriage will not be dissolved unless the spouse against whom such application has been filed is proven to have been faulty. Apart from such fault, marriage can only be dissolved upon an application by the couple for divorce under mutual agreement, agreed divorce. The court will not dissolve the marriage unless both spouses are present in person at the hearing. If the application is based on adultery, the presentation of written affidavits will not be considered sufficient, the judge will hear the couple’s individual verbal statements before the court.
Reach our Family Lawyers in Turkey
Akkas & Associates is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s family law & divorce. Since 1992, our lawyers have been helping clients with complex legal challenges and maximizing opportunities for success. Our law firm is now one of the leading family law & divorce law firms in Istanbul, Turkey. You may reach us for Family Lawyers in Turkey through our Contact page.