FAQ About Divorce in Türkiye
Getting a divorce lawyer isn’t mandatory. But the financial consequences of mistakes during the proceedings can last for the rest of your life. Lifetime alimony rights or obligations may be at stake. And divorce impacts more than just alimony. Therefore, it is crucial to proceed with a divorce lawyer from the beginning of this lengthy process. If you’re thinking about divorcing in Türkiye, we suggest checking out the FAQs we’ve put together below for some helpful insights:
What are the chances of winning a divorce case?
In a divorce case, winning isn’t just about the court approving or denying the case, unlike many other legal matters. Because even proving a minor fault on the part of your spouse can often be enough for the case to be accepted. However, when it comes to alimony, compensation and child custody, proving faults in the marriage becomes pivotal Therefore, when evaluating your chances, consider how your marriage has been and any faults on both sides. Another crucial aspect is providing evidence for these faults in court, where a divorce attorney plays a crucial role. It’s important to note that the Turkish divorce system heavily relies on the concept of fault, unfortunately leading to couples damaging each other’s reputation, resulting in contentious separations.
Is it possible to avoid court expenses and divorce lawyer fees?
Yes, legal aid is available if you do not own any property or have funds in banks, and if the people you reside with are unable to provide financial support. In such instances, we can also arrange for attorney fees to be settled at the conclusion of the case. However, this option is not applicable to our clients residing abroad.
Should I wait for my spouse to file for divorce?
It is almost never important who initiates the first divorce case. The only time it matters is when neither party is at fault for the breakdown of the marriage. Because there is a legal presumption that the party filing the initial case is at fault for the separation. However, this presumption is easily rebuttable, making such concerns unnecessary. Waiting for the other party to initiate the divorce process often results in delays in obtaining interim alimony benefits and increases the risk of asset concealment, disadvantaging the financially weaker party.
Should I file a counter-case against the divorce suit initiated by my spouse?
In order for a contested divorce case to be accepted, it is necessary to prove the defendant’s fault to some extent. So if you believe that you personally bear no fault in the events that have led to the breakdown of your marriage, or even if you do, you think your spouse would have difficulty proving it, we recommend considering a counter-divorce case. Individuals who, despite their spouse filing for divorce, do not wish to end the marriage should refrain from initiating a counter-divorce case. Virtually no divorce attorney simply accepts the allegations presented against their client in the divorce petition. Therefore, when the goal is to prove that the client bears no fault at all, filing a counter-case for divorce becomes the only recourse to pursue.
How long does a divorce process usually take?
Contested divorce cases frequently result in appeals to higher courts, thereby prolonging the divorce process over several years. The duration of this process can be affected by the actions of either party involved. Consequently, the active cooperation of spouses, divorce lawyers, the court, and even witnesses plays a pivotal role. With collaborative efforts from both parties, even contested cases can be resolved within a few months. On the other hand, uncontested divorce cases can be concluded in less than a month.
Do I need to appear in court?
In contested divorce cases and other divorce-related legal matters, physical presence in court is not obligatory; your divorce lawyer can represent you. However, for uncontested divorce cases, your presence in court is required, as the Turkish Civil Code mandates the judge to hear personally from both spouses.
Can I receive alimony if the divorce case is contested?
To receive alimony in Turkish divorce law, the fault of the alimony recipient should be less than that of their spouse. Therefore, determining fault in divorce is crucial, and there is no tolerance for error in this matter in divorce cases.
Can I divorce in Türkiye if I’m abroad?
For our clients residing abroad to grant us the authority to initiate a divorce case on their behalf, they need to schedule an appointment at the nearest consulate and obtain a power of attorney for us. As photographs are mandatory for documents, it is advisable to have passport-sized photos when visiting the consulate. Once the process is completed, sending us a photograph of this power of attorney will be sufficient to authorize us to file the case.
Can I receive alimony without filing for divorce?
The Turkish Civil Code is shaped by the idea that spouses remain responsible for fulfilling their marital duties even when living separately without pursuing a divorce. For instance, a woman who no longer wishes to reside in her husband’s family home can continue to live separately until independent housing is secured. A need for separate living may arise in cases such as physical or emotional violence too. In conclusion, if the separation arises from a legitimate reason and divorce is not desired, we can still request alimony from the spouse.
Our office is located in Istanbul and we conduct meetings by appointment only. To schedule an appointment, you can contact us via WhatsApp.