Divorce Lawyer

In Which Court is a Divorce Case Filed?

The competent court for divorce cases is the Family Court. In places where there is no Family Court, the Civil Court of First Instance hears these cases in the capacity of a Family Court. In divorce cases, the competent court is the family court located in the place of residence of either spouse or the court in the place where they last lived together for at least six months before the case was filed.

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How to File a Divorce Case?

The parties may either mutually agree to divorce or one party may file independently by stating the reasons for the disagreement. The divorce case is filed by submitting a divorce petition to the Family Court. Certain court fees and expenses are required when filing the case. If both parties agree to divorce, the case can be concluded in a relatively shorter period of time.

What Are the Grounds for Divorce?

Special grounds for divorce

The Turkish Civil Code regulates special grounds for divorce in five articles. Accordingly, adultery, attempted murder, severe or degrading treatment, committing a crime, leading a dishonorable life, abandonment, and mental illness are considered special grounds for divorce.

General grounds for divorce

General grounds for divorce, as stated in the Civil Code, include the breakdown of the marital union, uncontested divorce, and divorce due to de facto separation.

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How Can I Get Divorced in the Shortest Time?

The only way to divorce quickly is to reach a mutual agreement with your spouse. The spouses must agree on the terms of the divorce.

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What is an Uncontested Divorce?

An uncontested divorce, as the name suggests, occurs when the spouses agree on the divorce and its financial consequences (compensation, alimony, custody, etc.), prepare a protocol accordingly, and declare their consent in person before the judge. For an uncontested divorce, the marriage must have lasted at least one year. It can occur either by both spouses applying together or by one spouse accepting the uncontested divorce proposal during a contested divorce case.

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What is a Contested Divorce?

A contested divorce arises when the parties cannot agree on the divorce or its financial consequences, or when the marriage has not yet lasted a year and thus the conditions for an uncontested divorce are not met. In contested divorce cases, the parties are obliged to prove their claims. The most important evidence in divorce cases is witness testimony. Being a close relative or a minor does not affect the admissibility of a witness’s testimony.

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Is It Mandatory to Hire a Lawyer in a Divorce Case?

Under our legal system, there is no obligation to hire a lawyer to file a case. Plaintiffs or defendants can pursue their cases without a lawyer. However, mistakes made in divorce cases can lead to the dismissal of your case and cause significant loss of rights. To ensure your case is handled in the best way and to avoid any loss of rights, we strongly recommend being represented by a lawyer. In this context, for anyone considering filing a divorce case or wishing to be represented by a divorce lawyer, our law office in Kartal, on the Anatolian side of Istanbul, provides divorce lawyer services. Being close to the Kartal Courthouse, you can call us by phone or contact us via our communication section for an appointment and information about your case.

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Who Pays Court Costs?

When filing a case, certain court fees and expenses are charged. If you win the case, the losing party will be ordered to pay the litigation costs.

Who Gets Custody of the Children?

Custody is granted to the parent who offers the most favorable conditions for the child, taking into account the child’s personal characteristics as well as the financial and social circumstances of the parents. Factors such as the child’s age, the parents’ personal, social, and economic characteristics, maintaining the child’s accustomed environment, and not separating siblings are all evaluated together, with the child’s best interests as the priority.

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