Divorce Law

Divorce Law

Divorce attorney is an attorney who provides legal counselling to the parties to resolve disputes arising from Family Law, especially divorce cases, or attorneys who are involved in the litigation process. Considering in general terms, the concept of Istanbul Divorce Attorney is not a concept that exists in the professional expertise literature. But among the public, attorneys who are dealing with cases such as property sharing, alimony and guardianship cases are called divorce attorneys.

The divorce process is a difficult and exhausting process in every aspect. It is fair to say that whether this process is negotiated or contentious is not a situation that eliminates the difficulty or abrasively. For that reason, it is possible to get the service of an Uncontested Divorce Attorney or Istanbul Divorce Attorney and end this already difficult and abrasive process as soon as possible. Divorce basically addresses a specific situation, but there are more than one factor that causes this situation to occur. The grounds for divorce determined as a result of these and the details of these reasons are as follows.

Grounds for Divorce

It is not possible to limit the grounds for divorce. Just as with the concept of incompatibility of temperament, it is even possible for two people who are very good in essence to disagree. For this reason, it is possible that the divorce case is caused by the fault of one or both of the people, and it is also possible that it is not caused by any fault. It is useful for those who request Istanbul Divorce Attorney and Uncontested Divorce Attorney service to clearly state their grounds for divorce.

It is possible to examine the grounds for divorce under “Private Reasons” and “General Reasons” titles.

Private Reasons

• Fornication

It is possible to request information about the situation that led to the divorce from the people we provide Istanbul Divorce Attorney service. In order for the divorce process to proceed in a best way, the reason should be clearly stated. The most common ground for divorce is fornication. Fornication is the conceptual equivalent of one of the spouses having sexual intercourse with another woman or man at least once. In other words, one of the spouses cheating on his/her spouse with the opposite sex is called fornication. However, the person with extramarital affair must be of the opposite sex. The fact that one of the spouses has a relationship with someone of his/her own sex is the reason for “dishonorable conduct” Six months after the spouse who has the right to sue learns the grounds for the divorce and, in any case, five years after the act of fornication, the right to sue will be dismissed. The forgiving party does not have the right to sue.

• Attempt Against Life/Misdemeanor/Indignity

Attempt against life, misdemeanor and indignity will be also counted as grounds for divorce through our Istanbul Divorce Attorney service. Six months after the spouse who has the right to sue learns the grounds for the divorce and, in any case, five years after the act of fornication, the right to sue will be dismissed. Otherwise, a divorce lawsuit cannot be filed for this reason. The forgiving party has no right to sue.

• Committing Crime and Dishonorable Conduct

Committing Crime or Dishonorable Conduct of one of the spouse will be also evaluated as grounds for divorce. If one of the spouses commits a humiliating crime or lives a dishonorable life and for these reasons, the other spouse cannot be expected to live with him, this spouse can always file a divorce suit. There are two different optional acts. The first is when one of the spouses committed a humiliating crime. The other act is that one of the spouses lives a dishonorable life and for these reasons, it should not be expected from the other spouse to live with him. The person who will decide this is the judge. For this reason, the Istanbul Divorce Attorney provides consultancy to his Clients who want to open a divorce case and ensures that the judge makes this decision.

• Abandonment

Another situation considered among the grounds for divorce is abandonment. There are some obligations arising from the marriage union. Failure of one of the spouses to fulfil these obligations is called abandonment. After a minimum of 4 months have passed since the spouse left the house, a notice is sent to the spouse who leaves the house. After the notification, 2 months is given to the Leaving spouse. This notice is made by announcement if necessary. This brings the following result; Unless 6 months have passed since the abandonment took place, a divorce action for abandonment cannot be filed.

• Mental Disease

Based on our Istanbul Divorce Attorney and counselling service, it is possible to say that another ground for the divorce is the loss of mental health of one of the spouses after marriage. However, this situation has some conditions. First of all, daily life must be intolerable because one of the spouses loses their mental health. Another condition is that; It should be determined through the official medical board report that treatment of the spouse who has lost his mental health is not possible.

General Causes

The general reasons for the termination of marriage are as follows;

• Breakdown of Marriage Union

Another name for Breakdown of Marriage Union is incompatibility. This statement is very important for detecting the situation that caused the divorce. The meaning of this word is that the temperaments do not match. Because it is possible that two people who are normally very good separately cannot adapt when they come together. Based on our Istanbul Divorce Attorney and Contracted Divorce Attorney services, it is possible to say that we often encounter this situation. Because it is not necessary for one party to be guilty for the marriage union to end.

As a result of the breakdown of the marriage union, people who wants uncontested divorce must have had at least 1 year since their marriage. If only one of the parties wants a divorce, and the nonconformity between the spouses persists, even though it has been 3 years since this request was rejected by the judge, the judge must accept the breakdown of marriage union by the foundation and agree that the divorce takes place only at the request of one or both of the spouses.

Uncontested Divorce

Uncontested divorce is a type of divorce due to the “breakdown of marriage union by foundation” contained in Paragraph 3 of Article 166 of the Turkish Civil Code and which has been included in the general reasons for divorce. Below are the conditions for an uncontested divorce.

Conditions for Opening an Uncontested Divorce Case

• Persons who request the service of an Uncontested Divorce Attorney in order to get divorced on an uncontested basis must first check whether they have completed one year of their marriage or not.
• In order to get an uncontested divorce, people who request Istanbul Divorce Attorney service must be sure that they agree on every matters. In this context, special attention should be paid to the issue of property sharing and guardianship.
• It is extremely important that the agreement is linked to a protocol.  For this reason, getting professional support is crucial.
• In order to make the divorce decision, the judge should listen to the parties in person and be convinced that their will is freely explained and approve the regulation to be accepted by the parties regarding the financial consequences of divorce and the situation of children. The judge may make the changes he deems necessary in this agreement, taking into account the interests of the parties and children. If the parties agree these changes, a divorce decision will be made. In this case, the provision that the confessions of the parties will not bind the judge does not apply.

Contested Divorce Case

It is possible for divorce cases to be classified under two main titles: “uncontested divorce” and “contested divorce”. Details about the uncontested divorce within the scope of the Istanbul Divorce Attorney service we offer are given above. Contested divorce is a type of divorce in which spouses cannot agree on the divorce or consequences of divorce.

Our Services As Divorce Attorney

Divorce attorneys are attorneys who provide legal advice and attorney ship services in family law disputes within the scope of civil law. In the context of our Istanbul Divorce Attorney service, answers to “What Does a Divorce Attorney Do?” question and the services we offer are given below.

• Divorce case does not have to be contested case. In some cases, it is possible to say that the spouses want to divorce uncontested. In this context, preparing a divorce protocol for people who want to uncontested divorce and performing the necessary procedures in this context are among our divorce attorney services.
• Although uncontested divorce cases are possible, it is a fact that the case is generally contested. In this context, it is possible for people who are in a contested divorce process to contact us about filing a lawsuit, carrying out the case and following the case process.
• One of the biggest problems in the divorce process is property sharing. It is also possible for us to offer Istanbul Divorce Attorney service for property sharing.
• There is a need for legal support not only during the divorce process but also during the marriage process. In particular, people who want assurance about the marriage contract and property regime can request attorneyship and consultancy services from us in this context.
• It is usual for one of the spouses to want to open material or mental anguish lawsuit due to material or moral damage; accordingly, it is possible to request services from us.
• It is also among our services to carry out the necessary litigation in line with the demands of the spouses to receive alimony or to increase the amount of alimony.
• Another situation that poses a problem during the divorce process is the custody of the children. We would like to state that we also offer Istanbul Divorce Attorney service for the settlement of custody disputes.

Within the scope of our divorce attorney and counselling services we provide, it is necessary to provide us with all of the information required during the case without any problem and accurately in order to provide you with all of our services such as custody, alimony, marriage agreement and property sharing in a flawless manner and to ensure that the result is in your favor.

As a result of our Istanbul Divorce Attorney services, all of the divorce cases, which have been finalized, have material and moral consequences. It is possible to say that the material consequences include situations such as alimony, compensation and property distribution. In this context, we have a high influence on the person who is flawless or less defective filing a claim for compensation, receiving alimony and benefiting from the distribution of property. In some cases, such services do not need to be provided, as the spouses are divorced in agreement.

Our uncontested divorce service, which we offer under the name of Istanbul Divorce Attorney, primarily covers whether the spouses agree in every aspect or not. The spouses we help to divorce in an uncontested manner should be reconciled to all issues such as custody, alimony, property division and not cause problems in this context.