Divorce can be a challenging and emotional process anywhere in the world. If you’re considering a divorce in Turkey, you might be wondering how easy it is and what steps are involved. This guide breaks down the divorce process in Turkey, making it easy to understand for everyone. Solve your legal challenges with the help of a skilled lawyer in Turkey.
Understanding Divorce in Turkey
Turkey’s divorce laws are based on the Turkish Civil Code, which outlines the legal steps and requirements for ending a marriage. While divorce is allowed, the process can vary depending on the circumstances of each case.
Types of Divorce in Turkey
There are two main types of divorce in Turkey:
Divorce by Mutual Consent: This is the simplest and quickest way to get divorced. Both spouses agree to the divorce and its terms, such as property division and child custody. This type of divorce is usually easy and less stressful.
Divorce by Grounds: If one spouse does not agree to the divorce, the other must prove valid reasons. Common grounds include adultery, abuse, abandonment, or irreconcilable differences. This process can be more complicated and time-consuming.
Steps to Divorce in Turkey
Here’s a step-by-step look at how to divorce in Turkey:
Filing the Petition: The first step is to file a divorce petition at the family court. If both spouses agree, they can file jointly. If not, only one spouse needs to file.
Court Proceedings: The court will review the case. If it’s a mutual consent divorce, the process is straightforward. For contested divorces, the court will examine the evidence and hear both sides.
Settlement Agreement: In mutual consent divorces, the couple must agree on issues like child custody, alimony, and property division. The court ensures that the agreement is fair.
Final Judgment: Once everything is in order, the court issues a final judgment of divorce. This officially ends the marriage.
Time and Cost
The time and cost of getting a divorce in Turkey depend on the type of divorce:
Mutual Consent Divorce: This can take a few months and is generally less expensive since both parties agree on the terms.
Contested Divorce: This can take longer, sometimes over a year, and can be more costly due to court fees and legal representation.
Child Custody and Support
When children are involved, the court prioritizes their well-being. Custody arrangements are made based on what is best for the child. Both parents may be required to provide financial support to their children.
Property Division
Turkey follows the principle of equitable distribution. This means that marital property is divided fairly, but not necessarily equally. The court considers factors like each spouse’s contribution to the marriage and their financial situation.
Grounds for Divorce
If you’re seeking a contested divorce, you need valid reasons. Common grounds include:
Adultery: Infidelity can be a valid reason for divorce.
Abuse: Physical or emotional abuse is a serious ground.
Separation: Living apart for a certain period can justify a divorce.
Irreconcilable Differences: When the marriage cannot be saved despite efforts.
Legal Assistance
While it’s possible to navigate the divorce process on your own, hiring a lawyer can be beneficial, especially in contested divorces. A lawyer can help you understand your rights, gather necessary documents, and represent you in court.
International Divorces
If one or both spouses are foreign nationals, international laws may apply. Turkey has specific rules for international divorces, so it’s important to consult with a lawyer who understands both Turkish and international law.
Alternatives to Divorce
Before deciding to divorce, consider alternatives like:
Mediation: A neutral mediator helps both parties reach an agreement.
Counseling: Professional counseling can help resolve issues within the marriage.
Divorcing in Turkey can be straightforward if both parties agree, but it can also be complex if there are disagreements or complications. Understanding the process, knowing your rights, and seeking legal advice can make the experience smoother. Whether you’re considering a mutual consent divorce or facing a contested one, being informed is the first step toward a new beginning.
Frequently Asked Questions (FAQs)
1. How long does it take to get a divorce in Turkey?A mutual consent divorce can take a few months, while a contested divorce may take over a year.
2. Do I need a lawyer to divorce in Turkey?While not mandatory, having a lawyer can
help navigate the legal process, especially in contested divorces.
3. Can I divorce in Turkey if I’m not a Turkish citizen?Yes, but international laws may apply, and it’s advisable to consult with a lawyer familiar with both Turkish and international law.
4. How is child custody decided in Turkey?The court prioritizes the child’s best interests, considering factors like each parent’s ability to care for the child and the child’s wishes.
5. What is the cost of getting a divorce in Turkey?Costs vary depending on whether the divorce is mutual or contested. Mutual divorces are generally less expensive than contested ones.
