WHO IS A DIVORCE ATTORNEY IN TURKEY?

A divorce lawyer in Turkey, also known as a family law attorney, is a professional specializing in family law cases governed by the Turkish Civil Code. Family law cases include matters with a high risk of rights loss, such as divorce, custody, alimony, and the liquidation of marital property. Due to the legal expertise and experience required, such cases should be handled by lawyers specialized in family law.

In divorce cases, the outcome is influenced not only by the merits of the parties’ claims but also by how the process is managed and the expertise, experience, and communication skills of the representing lawyer. Therefore, selecting an experienced lawyer to guide through divorce cases is of great importance.

Although it is not officially possible for lawyers to specialize in specific areas of law in our legal system, lawyers who handle family law cases are commonly referred to as “divorce lawyers” or “family law attorneys” in everyday language. These terms are widely used to describe lawyers with extensive experience in this field.

Divorce cases can be pursued with or without legal representation. However, these processes are not only legally complex but also carry significant psychological and financial impacts on the parties. For instance, issues like determining which spouse will use the marital home or arranging child visitation schedules can impose heavy emotional burdens. Additionally, legal matters such as the ancillary aspects of divorce and the liquidation of marital property may lead to significant financial consequences.

In conclusion, proper legal representation during the divorce process in Turkey is critical for both safeguarding rights and ensuring the process is managed in a less burdensome manner.

WHAT MAKES A GOOD DIVORCE LAWYER IN TURKEY?

A divorce lawyer in Turkey requires a distinct approach and expertise compared to lawyers in other fields of law. This is because marriage and divorce possess a much deeper, personal, and emotional dimension compared to commercial or administrative relationships. While an family law attorney’s professional knowledge, experience, and quality are essential across all areas of law, family law demands additional qualities to ensure the represented individuals are not harmed.

Characteristics of a good divorce lawyer in Turkey:

• Honesty: The divorce attorney in Turkey should explain the legal situation with full transparency rather than merely telling the client what they want to hear.
• Professionalism: The divorce lawyer in Turkey must act with courtesy, respect, and adherence to ethical rules at all stages of the process.
• Accessibility: The family law attorney should provide support when needed, responding to phone calls and emails promptly.
• Calmness: Divorce processes can involve tensions between parties. The lawyer should act calmly, respond appropriately, and be strategic in such situations.
• Reliability: The lawyer should instill a sense of trust and security in their client.

For many individuals, divorce is a significant turning point they may experience only once or twice in their lives. Legal support during this divorce process should not be limited to knowledge of family law. A good divorce lawyer in Turkey should also have expertise in related areas, such as Turkish inheritance law and criminal law, as divorce cases sometimes involve issues that intersect with these fields.

Choosing a competent divorce lawyer in Turkey can make this challenging process less exhausting. Working with an honest, professional, accessible, and reliable family law attorney can help you navigate the divorce process more smoothly.

WHAT ARE THE DUTIES OF A DIVORCE ATTORNEY IN TURKEY?

Divorce cases are pivotal legal processes that have not only legal dimensions but also emotional and societal impacts. Thus, obtaining legal assistance during a divorce is crucial for protecting rights and reducing the distress of the process. The role of a divorce lawyer in Turkey is particularly significant in contested divorce cases.

Below are the main duties and responsibilities of a professional family law attorney in Turkey:

1. Preparation and Evaluation of Evidence
   In divorce cases, it is essential for parties to substantiate their claims. At this stage, the lawyer’s primary responsibilities include:
   • Classification of Evidence: The family law attorney categorizes the evidence provided by the client and ensures its legal evaluation.
   • Prevention of Unlawful Evidence: The lawyer prevents the use of illegal evidence during the proceedings and objects if the opposing party attempts to present such evidence.
2. Management of Witness Testimonies
   Witnesses often play a decisive role in divorce cases. The divorce lawyer in Turkey is responsible for effectively managing witness statements:
   • Alignment of Statements with the Case: The lawyer ensures that the client’s witnesses’ statements are consistent with the essence of the case and provides necessary guidance.
   • Questioning Opposing Witnesses: The lawyer asks pertinent questions to the opposing party’s witnesses to uncover misleading or contradictory statements.
3. Supporting the Client in Making Sound Decisions
   Divorce cases involve an emotionally sensitive period when parties are prone to making poor decisions. The lawyer provides guidance to prevent the client from taking missteps.
4. Adherence to Legal Procedures
   The divorce attorney in Turkey plays an active role in ensuring full compliance with legal procedures at every stage of the divorce case to prevent any loss of rights for the client:
   • Tracks court dates and makes necessary preparations.
   • Prepares agreements in uncontested divorce cases to protect the parties’ interests.
   • Pursues appellate procedures, such as appeals or cassation, if necessary after the court’s decision.

WHAT CASES DOES A DIVORCE LAWYER HANDLE IN TURKEY?

Divorce lawyers are professionals specializing in family law, guiding parties through the divorce process.

The cases handled by a family law attorney include:

1. Divorce Cases:

• Uncontested Divorce Cases: Cases resolved quickly through mutual agreement on divorce terms.
• Contested Divorce Cases: Cases involving disputes over divorce, custody, alimony, or property division.

2. Custody Cases:

• Modification of Custody Cases: Cases seeking to transfer custody from the current custodian to the other parent.
• Custody Demand Cases: Cases demanding custody of the child during divorce or other family law proceedings.
• Removal of Custody Cases: Cases requesting custody to be taken from both parents and granted to a third party or the state.
• Joint Custody Demand Cases: Cases requesting joint custody rights post-divorce.

3. Other Family Law Cases:

• Abolition of Waiting Period Cases: Cases aimed at removing the waiting period for women to remarry after divorce.
• Separation of Property Cases: Cases concerning the separation of assets acquired during marriage.
• Property Division Cases: Cases seeking fair distribution of marital property post-divorce.
• Material and Moral Compensation Cases: Cases where the aggrieved party seeks compensation during or after divorce.

4. Alimony Cases:

• Termination of Alimony Cases: Cases requesting the cessation of alimony obligations.
• Increase in Alimony Cases: Cases demanding an increase in the existing alimony amount.
• Reduction of Alimony Cases: Cases requesting a decrease in the existing alimony amount.

5. Divorce Cases Based on Specific Grounds:

• Divorce due to mental illness
• Divorce due to adultery
• Divorce due to attempted murder, severe mistreatment, or degrading behavior
• Divorce due to criminal behavior and disgraceful conduct
• Divorce due to abandonment
• Divorce due to irreconcilable differences (severe breakdown of marital union)

6. Other Family Law Cases:

• Adoption Cases: Cases for legally adopting a child.
• Appeals: Requesting a higher court to review family court decisions.

7. Additional Legal Assistance:

• Prenuptial Agreements: Written marriage agreements regulating property regimes before or during marriage.
• International Child Abduction Cases: Providing legal solutions when a parent unlawfully takes or retains a child abroad.
• Protective Measures Against Domestic Violence: Obtaining restraining orders and other protective measures for victims of violence.
• Family Mediation: Mediation processes to help parties resolve family disputes amicably.

For each of these cases, a professional family law attorney ensures the proper execution of legal processes. Their fundamental responsibilities include defending the client’s rights, preventing the use of unlawful evidence, and assisting the parties in achieving a resolution promptly.

A divorce lawyer in Turkey is not only a source of legal knowledge and experience but also a guide helping the client navigate this difficult period with minimal harm. From managing evidence to questioning witnesses, following legal procedures, and preparing agreements in uncontested cases, their responsibilities span a wide scope.

THE IMPORTANCE OF A LAWYER IN DIVORCE CASES

Divorce cases are significant turning points in individuals’ lives, and without proper legal support, they can lead to severe loss of rights for the parties involved. The presence of a lawyer in both uncontested and contested divorce cases is crucial for managing the process correctly and safeguarding rights.

• The Importance of a Lawyer in Uncontested Divorce Cases in Turkey

Uncontested divorce occurs when the parties reach an agreement on all aspects of the divorce and document this agreement in a protocol submitted to the court. In such cases:

• The parties’ decisions and terms for ending the marital union must be explicitly reflected in the protocol.
• The drafted Uncontested Divorce Protocol should comprehensively address issues such as alimony, compensation, property division, and custody.
• After obtaining the parties’ statements of intent, the judge can finalize the divorce in a single hearing.

A divorce attorney in Turkey ensures that the protocol protects the interests of the parties, drafting it in a legally valid and enforceable manner. This enables the process to be completed quickly and smoothly for all parties involved.

• The Importance of a Lawyer in Contested Divorce Cases in Turkey

Contested divorce occurs when the spouses cannot agree on the terms of the divorce, necessitating legal action based on general or specific grounds for divorce. In these cases:

1. Disagreements often arise over issues such as alimony, compensation, custody, or property division.
2. The plaintiff must base their claims on general (e.g., the irretrievable breakdown of the marital union) or specific grounds (e.g., adultery, attempted murder) as stipulated in the Turkish Civil Code (TMK).
3. Preparing and presenting evidence to substantiate the grounds for divorce is of utmost importance.

Contested divorce cases are typically prolonged processes that impose psychological and financial burdens on the parties. Therefore, working with an experienced divorce lawyer in Turkey is vital to prevent loss of rights and ensure the effective handling of the case.

WHAT TO CONSIDER WHILE CHOOSING A DIVORCE LAWYER IN TURKEY?

Divorce cases are complex and emotionally challenging processes that require meticulous legal management. Selecting the right divorce lawyer in Turkey is crucial for ensuring the case proceeds smoothly both legally and personally. Here are the key factors to consider when choosing a divorce attorney in Turkey:

1. Trust and Communication: Trusting your lawyer and maintaining healthy communication is essential during a divorce guideness. Your lawyer should be open, honest, and clear in providing information. Whether it’s an uncontested or contested divorce, your lawyer must listen to you and develop strategies tailored to your needs.
2. Legal Expertise and Academic Background: A successful divorce lawyer is not only well-educated but also keeps up with the latest court decisions and continuously improves their knowledge. A lawyer with a strong academic background can demonstrate a solid stance in legal disputes and defend your case more effectively.
3. Strategic Approach: A divorce case involves more than filing petitions. A good family law attorney ensures the petitions are appropriately drafted, presents evidence strategically, and prevents the use of unlawful evidence. They manage the case with a professional strategy, avoiding mistakes that could negatively impact the outcome.
4. Avoiding Misleading Promotions: A lawyer claiming to be the “best divorce lawyer in Turkey” or branding themselves with titles like “celebrity divorce lawyer” often violates ethical standards. A genuinely skilled lawyer focuses on effectively protecting their clients’ rights, applying their legal knowledge in practice, and taking ownership of the case.
5. Case-Specific Selection: Every divorce case is unique in terms of evidence and the parties’ needs. Therefore, the “best divorce lawyer in Turkey” varies from person to person. The most suitable family lawyer for you is one who can provide solutions tailored to your needs and the specifics of your case.
6. Efficient Case Management: An experienced divorce lawyer in Turkey ensures that all necessary legal steps are taken on time for a swift resolution. They diligently follow the case file, present evidence effectively to prevent rights violations, and guide their clients throughout the process.
7. Professionalism: Your family law attorney should exhibit professionalism, maintaining composure throughout the legal proceedings and striving for a fair outcome. They should also provide guidance to help you make the best decisions for your circumstances.

Selecting a divorce attorney in Turkey is vital for the success of your case and the protection of your legal rights. A lawyer’s expertise, communication skills, and strategic approach are fundamental in minimizing the challenges of the process. The best divorce lawyer in Turkey is someone who empathizes with you, offers personalized solutions, and takes responsibility for your case. Therefore, it is essential to carefully choose a lawyer who best suits your needs.

IS IT MANDATORY TO HIRE A LAWYER FOR A DIVORCE CASE IN TURKEY?

Under Turkish law, hiring a lawyer is not mandatory to file and manage a divorce case. Individuals can prepare their petitions and follow the legal process on their own. However, given the legal, emotional, and strategic complexities of divorce cases, working with a lawyer is highly recommended to simplify the process.

1. Challenges of Managing a Divorce Without a Lawyer

Individuals handling their divorce cases without legal representation may face the following challenges:

• Drafting Legally Valid Petitions: The reasons cited for divorce must be legally substantiated in the petition. Incomplete or incorrectly prepared petitions can lead to case dismissal.
• Following Notification Processes: Ensuring court notifications reach the correct addresses and monitoring these processes is critical.
• Court Hearings and Statements: Legal knowledge is required to protect rights during court hearings and when making statements.
• Document and Evidence Management: Submitting necessary documents on time is crucial. Delays or omissions can prolong the case or result in unfavorable outcomes.

2. The Importance of a Lawyer in Divorce Cases

A family law attorney provides professional support at every stage of the case, ensuring the legal process is managed thoroughly. Their role is particularly critical in the following areas:

• Drafting and Submitting Petitions: Preparing petitions in compliance with the law and effectively presenting evidence directly impact the case’s trajectory.
• Protection Orders and Abuse Cases: If one party faces abuse, a lawyer can swiftly obtain a protection order and handle violations effectively.
• Process Monitoring: A lawyer consistently tracks notifications, attends hearings, and oversees court decisions.
• Preventing Rights Violations: In matters such as property division, alimony, and custody, a lawyer advocates for their client’s rights, preventing injustices.

3. Risks of Divorce Without a Lawyer

Divorce cases conducted without a lawyer may lead to:

• Prolonged case duration,
• Rejection of claims,
• Unjust loss of rights.

Although hiring a English Speaking lawyer in Turkey is not legally mandatory for divorce cases, obtaining legal support is crucial for managing the process effectively, quickly, and without rights violations. In contested cases, a lawyer’s legal knowledge and experience play a decisive role in protecting the parties’ rights. Professional assistance is strongly advised to safeguard interests and alleviate the burdens of the process.

HOW MUCH DOES A DIVORCE LAWYER COST IN TURKEY?

The fees for divorce lawyers in Turkey are determined according to the Attorneyship Minimum Fee Tariff published annually in the Official Gazette and the guidelines set by Bar Associations. The Turkish Bar Association establishes the minimum fee limits that lawyers must adhere to, preventing them from accepting cases for fees below these limits.

For 2024, the Istanbul Bar Association recommends the following fees for divorce cases:

• Uncontested Divorce Cases: 52,500 TRY
• Contested Divorce Cases: 78,000 TRY

A divorce attorney in Turkey determines their fee based on the time and effort required for the case. Since each case has its unique complexities and requirements, it is often not possible to provide an exact fee upfront. For example:

• Uncontested divorce cases typically require less time and effort as they involve mutual agreement between the parties.
• Contested divorce cases, on the other hand, involve issues such as asset division, custody, and alimony, making them more complex and time-intensive.

To obtain accurate information regarding fees, individuals are advised to consult directly with a divorce lawyer in Turkey to discuss the specifics of their case.

THE IMPORTANCE OF LEGAL ASSISTANCE IN RECOGNITION AND ENFORCEMENT OF FOREIGN DIVORCE DECREES IN TURKEY

For a divorce decree issued by a foreign court to be valid in Turkey, it must go through the processes of recognition and enforcement. These procedures involve legal complexities and detailed formalities, making the assistance of a lawyer crucial.

• Recognition of Foreign Court Decisions

A divorce decree issued by a foreign court can be recognized in Turkey only under certain conditions. In accordance with the Turkish Civil Code and international private law regulations, the following criteria must be met:

• The decision must not violate Turkish public policy.
• Both parties should have been duly summoned or notified by the foreign court.
• The divorce decree must have been issued following proper legal procedures.

Recognition ensures that the foreign court’s decision is acknowledged and deemed valid within the Turkish legal system.

• Enforcement Process of Foreign Court Divorce Decision

Once recognition is complete, a tenfiz (enforcement) request must be made for the decree to be executable in Turkey. Enforcement converts the foreign court’s decision into a legally binding and enforceable ruling in Turkey. The specifics of this process may vary depending on the nature of the decree and any agreements between Turkey and the country where the decision was made. Adhering to the necessary legal procedures is critical, as any errors or omissions can lead to significant legal consequences.

• The Role of Legal Assistance

Professional legal support during the recognition and enforcement process is indispensable. A family law attorney provides the following:

1. Legal Guidance: Advising on the procedures to follow and the competent courts to approach ensures that applications are made correctly, expediting the process.
2. Document Preparation: Lawyers accurately prepare the documents required for the recognition process, preventing delays or rejections due to incomplete or incorrect filings.
3. Court Applications and Communication: Handling court submissions, monitoring the process, and facilitating effective communication to expedite decisions.
4. Minimizing Legal Risks: Lawyers anticipate potential legal risks, propose solutions, and work to avoid issues that could complicate the process.

The recognition and enforcement of foreign divorce decrees in Turkey is a complex process. Legal assistance ensures that the procedures are carried out correctly, efficiently, and without unnecessary complications. Professional support not only helps avoid legal pitfalls but also accelerates the process, allowing individuals to achieve a favorable and timely resolution.