Istanbul Divorce is a globally recognized Turkish family law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our divorce lawyers are prepared to handle divorce cases, from a simple no-contest divorce proceeding to a complicated contested divorce in Turkey with significant property and children. Our divorce lawyers also represent our clients in other family law issues including; contested divorce, uncontested divorce, alimony, compensation, child custody, child support, recognition of foreign divorce decree, and other family law litigation.
Istanbul Divorce is an award winning and successful Turkish family law firm that specialize in Family Law. Our Turkish divorce lawyers have an outstanding success record with over 90% of cases successful in Court in 1992 to date. We know our law, our lawyers care about your case and we will stop at nothing to make sure you are safely taken to the next chapter of your life with maximized results and minimized damage.
Contested Divorce in Turkey
In every family law case, there are 5 main issues which need to be resolved either through the Courts or through agreements. Those are:
- Property and Debt Division
- Spousal Support
- Child Support
- Child Custody
What is a Contested Divorce?
A contested divorce generally means a divorce which has not resolved items 1 to 4 through agreement. Courts generally do not allow you to divorce without resolving 1 to 4. Those need to be settled or decided upon before getting a divorce. If you cannot settle your issues, you will need to claim and argue them through the Courts.
This is usually done through filing divorce petition and responses by each party with the Family Court. This form asks you what the divorce issues are and you need to complete the Schedules which apply to your case.
So for example, if you and your spouse have property together, you need spousal support and there are children, then you will need to claim all 5 issues stated above if those have not been settled.
Once you do that and complete the form, you will need to serve it to your spouse. He/she will have to respond to your claim and perhaps file his/her own counter claim seeking any of the 1 to 5 items that apply to his/her case.
Once that is done, both you and your spouse will need to file and serve Financial Statements so that the judge has an idea about your finances and abilities to divide property and/or pay spousal and child support.
Thereafter, you and your spouse will need to attend what is called a Judicial Pre-Case Review in which a judge will sit with you and your spouse (and your lawyers) in an informal setting and try to see if you can settle your issues. If no settlement is reached, then litigation continues and ends with a trial.
Turkish Legal Grounds for Divorce
Legal grounds for dissolution of marriage are divided into two groups: special and general. Sections 161 to 166 of the Turkish Civil Law Code define those legal grounds as follows. The special legal grounds are adultery, deliberate attempt to kill, maltreatment, humiliating behavior, committing a crime, unreasonable behavior, desertion, mental disease. The general legal grounds are incompatibility, coming to a mutual agreement on divorce, and living apart for three years after an application for dissolution of marriage has been denied by the court. Once a Family Court makes its decision, it can be appealed at First Instance Appeal Court (Bolge Istinaf Mahkemesi) after that it can be appealed at Turkish Supreme Court (Yargitay).
Reach our Contested Divorce in Turkey
Turkish divorce process can be complicated and drawn out, especially for parents and high-net-worth individuals. Divorcing couples must take many steps to reach for a divorce. If you are seeking legal representation in your divorce, our lawyers will guide you through the process. Since its foundation in 1992, Istanbul Divorce Turkish Family Law Firm has been the choice of numerous clients in Istanbul, Turkey. Thanks to its nationally recognized family lawyers, our firm is now one of the leading family law firms in Turkey. You may reach us for contested divorce in Turkey through our Contact page.