Who is a Divorce Lawyer under Turkish Law?

A divorce lawyer is a lawyer who specializes in divorce cases within the framework of Turkish Civil Code and Family law. Divorce cases are cases within the scope of Turkish Civil Law and Family law. Lawyers who know more about divorce processes and have more litigation experience are considered divorce lawyers.

Why Do You Need a Divorce Lawyer?

Divorce cases require a large number of procedures depending on the legal basis. Apart from this, an expert lawyer should manage and direct the process, as effective management of the process can significantly affect the outcome of the case. A divorce lawyer provides the legal support that the client needs during the divorce case. The involvement of a divorce lawyer in the divorce case is very important for obtaining the rights that can be obtained as a result of the process.

How to Be a Good Divorce Lawyer?

The most important feature of a good divorce lawyer is that he can establish a strong and strong bond of trust with his client. It is important to establish this bond between the client and the lawyer so that the divorce lawyer can fully focus on the divorce case. This bond ensures effective communication. Effective communication is essential to discuss the factors that will affect the outcome of the case. A lawyer who cannot establish a healthy relationship with his client cannot collect and present information.

A good divorce lawyer should be able to gather and present information. Merely gaining knowledge is of no great benefit either, unless combined with a good presentation.

The characteristics of a good divorce lawyer include litigation experience and legal knowledge. Knowledge of the law is extremely important in establishing a legal basis for claims or defenses in litigation.

A good divorce lawyer should be transparent. He should adequately inform his client about the litigation process. It is very important to inform the client quickly and clearly on the issues related to the case, both to save time and to intervene in the case when necessary. The most important feature of a good divorce lawyer is to have these qualities and to apply them. The presence and application of these qualities will give him confidence in making him more than a good divorce lawyer, namely the “best divorce lawyer”. However, the definition of “best divorce lawyer” is still a subjective definition. It is not correct for a lawyer to call himself this nickname. However, thanks to the lawsuits won and the experience gained, many references made it possible to be mentioned with this nickname among potential clients.

What is a Divorce Case?

Divorce case is the case of seeking the rights of at least one of the parties as a result of divorce or divorce together with the divorce.

What are the Types of Divorce Cases?

There are two types of divorce cases: contested or uncontested. Contested divorces can take longer than uncontested divorces. Uncontested divorce cases are divorce cases that can be concluded relatively quickly. It usually takes one week to finalize. On the other hand, contested divorces take up to 2-3 years.

What is an Uncontested Divorce Case?

An uncontested divorce is when the divorced parties agree on the consequences of the divorce. An uncontested divorce takes place after the disputes that may arise from the case are resolved. What starts as an uncontested divorce case can turn into a contested divorce case due to subsequent disagreements.

What is A Contested Divorce Case?

A contested divorce case occurs when the parties cannot agree on the sharing of rights and obligations (alimony, compensation, division of property, etc.). A contested divorce case can be turned into an uncontested divorce case if the dispute is resolved during the ongoing trial process.

How to File a Divorce Case?

The court in charge of divorce cases is the family court. In places where there is no family court, divorce cases can also be heard by the civil courts of first instance. The lawsuit begins when at least one of the parties submits a petition for divorce stating the reasons for the divorce. In these proceedings, the court request proof of the grounds for divorce. If necessary, a psychologist or social counselor may be appointed. In order for the divorce proceedings to be concluded quickly and effectively, it is very important that a divorce lawyer who is an expert in the field is involved in the case.

How Long Does a Divorce Case Take?

The duration of the divorce case may vary depending on where the case is filed, the nature of the case and the reason for the case to be filed. The complexity of the causes of action can also prolong the length of the proceedings. Another important factor affecting the length of the case is whether an experienced and knowledgeable divorce lawyer is involved in the process. A good divorce lawyer can shorten the duration of the proceedings by ensuring that the process is managed effectively and duly executed. The contested divorce cases take up to 2-3 years while uncontested divorce cases finalise within a week.

How to Divorce in the Shortest Time According to Turkish Law?

Relatively short-lived divorce cases are uncontested divorce cases. If the parties reach an agreement, the transactions will be completed as soon as possible.

Do You Have To Go To Court In A Divorce Case?

Unless your case is a uncontested divorce, you do not need to go to court in cases filed for serious incompatibility or other reasons. You can also file for divorce through your lawyer. But for the uncontested divorce both parties have to attend the hearing.

Who Can File for Divorce According to Turkish Law?

The non-offending party must file the case. Otherwise, the case may be dismissed.

How Is Property and Other Assets Divided According to Turkish Law?

Property acquired during marriage is subject to the marital property regime of the acquired partnership. The rule is every assets acquired after the marriage is divided into two. The division of property is made by taking into account the contribution made to the acquired property. The date of 1 January 2002 was taken as a basis for the goods regime. However, inheritance property left to one of the parties is not taken into account. In the case of indivisible property, the property remains with the owner. However, compensation is paid to the other party, taking into account the percentage of the parties’ contribution to the property.

In Which Court is The Divorce Case Filed?

The settlement of one of the spouses is opened in the family court. If there is no family court, a divorce case is filed in the civil court of first instance.

How Long Does a Divorce Case Take?

Although the date is variable, generally uncontested divorce cases are completed in a single hearing, and contested divorce cases are completed in an average of 5-6 hearings The workload of the court is the most important factor. So in average, contested divorce cases take up to 2-3 years while uncontested divorce cases finalise within one week in Turkey.

Should I Hire a Divorce Lawyer?

Even divorce cases do not require a lawyer, but it is always beneficial to involve a divorce lawyer so that cases can progress faster and legal rights can be defended in the most efficient way possible.