Turkish Family Law & Divorce Lawsuits

As Viridis Legal Partners, your divorce lawyers in Istanbul and family law attorneys in Turkey, we are here for our clients in order to provide them with the most prospects and fewer detriments with the highest care, reliable and strategic solutions.

What Is Family Law?

Family law can be defined as a branch of law that regulates the personal and financial rights and situations between spouses and children. Therefore, family law in Turkey covers a wide spectrum of issues concerning familial relationships. This encompasses marriage and divorce, child custody, alimony, adoption, recognition and enforcement of foreign divorce decisions in Turkey, and marital property regimes among other related matters. The legislations regarding the aforementioned subjects are within the scope of the Turkish Civil Code and the Code of Civil Procedure.

What Is A Family Law Attorney In Turkey?

A family law lawyer is a lawyer who has experience in the field of family law and specialises in protecting and ensuring the rights of individuals in the field of family law. Family law lawyers in Turkey provide counselling and litigation services in resolving all disputes and issues arising from family law, including divorce cases, custody disputes, alimony claims and adoption. As your family law lawyer in Istanbul, Viridis Legal Partners promises you an effective legal service in all areas of family law, from family residence transactions to family law disputes involving the element of foreignness.

What Is Divorce In Turkey?

In Turkish law, divorce is one of the conditions that terminate the marriage such as death, absence, nullity of marriage, or absence of marriage. In Turkish law, the divorce decision is taken by the court. In other words, administrative authorities are not authorised to grant decisions on divorce.

In Turkey, there are two main types of divorce cases which are consensual divorce and contested divorce.

Consensual Divorce

Consensual divorce, also known as uncontested divorce, can be defined as the parties agreeing to divorce with their free will and terminating the marriage contract. The subject is regulated under Article 166/3 of the Turkish Civil Code and considered a divorce on the grounds that the marriage union has been shaken from its foundations. In accordance with the mentioned article; the marriage of the parties should have lasted at least one year, spouses should apply together or one of the parties should accept the case, the marriage is considered to have been shaken from its foundations. The divorce protocol also must cover the financial consequences of the divorce and the situation of the children appropriately.

Contested Divorce

Essentially, all types of divorce cases other than consensual divorce can be called as a contested divorce. Any divorce case in which the spouses do not have an agreement on the divorce or its subsidiaries is a contested divorce case.

Legal Grounds For Contested Divorce

Adultery, ominous or degrading behaviour, committing a crime or living a dishonourable life, abandonment, or shaking the foundation of the marriage union can be considered as the legal basis for divorce.

What Is A Divorce Lawyer In Turkey?

Among family law issues, divorce cases are probably the most numerous and the subject of the most disputes. For this reason, lawyers working in the field of family law are often referred to as divorce lawyers. Divorce lawyers in Turkey provide support to spouses on a wide range of issues such as divorce cases, uncontested divorce, introduction and implementation of divorce judgements given abroad in Turkey, division of property acquired during the marriage union in divorce, determination of child custody in divorce, alimony requests. As your divorce lawyer, we are here for the effective and fast solution of all the problems you may encounter during your divorce from your Turkish spouse or your foreign spouse in this legal system and culture that you are unfamiliar with, in the least emotionally distressing way.

How Much Is A Divorce Lawyer Fee In Turkey, 2024?

In Turkey, every lawyer can freely determine his/her fee for all services rendered and all cases taken. However, it is forbidden for a lawyer in Turkey to do pro bono work. The minimum fee that a lawyer can charge for various works is indicated in the Lawyer Minimum Fee Schedule published by the bar associations. Accordingly, the Istanbul divorce lawyer’s fee for the year 2024 is determined as 52.500TL in uncontested divorce cases and 15% of the value of the case, not less than 78.000TL in contentious divorce cases. As we mentioned, these are the lower limits and the divorce lawyer in Turkey freely determines his/her fee in the divorce case he/she is responsible for. You can call us today to find out the divorce lawyer fee and you can benefit from our divorce lawyer services suitable for you.

Procedure Of Divorce Cases In Turkey

The process of divorce in Turkey, whether contested or uncontested, involves several stages. Firstly, there’s the petition filing stage where a spouse files for divorce at the family court. If it is a consensual divorce, the parties submit the divorce protocol they have agreed upon to the court. If there is no deficiency in the protocol, the court decides on the divorce of the parties at the hearing. If it is a contested divorce, the court then sets a date for a preliminary hearing, after one of the parties submits a petition and files a lawsuit, followed by an investigation, trial, and finally, a decision. Issues like alimony, compensation claims, property division, and child custody are usually settled during these stages.

Role of A Turkish Family Lawyer & Divorce Attorney

An experienced divorce lawyer plays a critical role all throughout these stages, providing legal advice, preparing necessary documents, representing you during court proceedings and ensuring your legal rights are protected at all times.

Child Custody, Support, And Visitation

One of the most emotionally charged aspects of divorce is determining child custody, support, and visitation rights. The best interests of the child are prioritized in these matters. As your familial legal counsel, we not only guide you through the legal intricacies but also ensure the interests of your children are safeguarded.

Adoption, Guardianship, And

Navigating the legal frameworks around adoption, guardianship, and foster care requires a deep understanding of Turkish law. Whether you’re looking to adopt, need assistance with guardianship, or are considering foster care, our team of experienced family lawyers at Viridis Legal Partners can guide you.

Enforcement And Recognition Of Divorce Decisions

You may be divorced abroad or need to enforce your divorce decision in Turkey or another foreign country, We are here to assist you. As Viridis Legal Partners, we specialize in the enforcement and recognition of divorce decisions. We understand that the aftermath of a divorce can be just as complex as the process itself, especially when it comes to enforcing and recognizing the decisions made during the divorce. Whether you need assistance with spousal support, child custody, property division, or any other aspect of divorce-related legal matters, our attorneys are here to guide you through the intricacies of the legal system. We are committed to ensuring that your rights are protected and that the decisions made in your divorce are recognized and enforced in accordance with the law.

Other Areas Of Family Law & Divorce Lawsuits

Family law extends to areas like property disputes during a divorce, prenuptial and postnuptial agreements, and even cases of domestic violence. No matter the complexity, we are equipped to offer complete family law services tailored to each client’s unique needs.

Why Choose Viridis Legal Partners As Your Family Law Attorney

Our combination of dedication, compassion, and extensive knowledge of Turkish family law allows us to provide top-notch legal services to our clients. We are not just lawyers; we are your partners in navigating the often-stormy seas of family law.