Divorce & Family Law

Family Law, regulated by the Turkish Civil Code, is a branch of law that covers a wide area from the establishment to the termination of the marriage union and deeply affects individuals' lives. Lawyers known as "Divorce Attorneys" play a critical role in preventing loss of rights and completing the process with minimal psychological/financial damage.

1. What Does a Divorce Attorney Do?

Family law is not just about "divorce". An expert family law attorney manages the following processes to protect their client's interests:

• Divorce Cases: Follow-up of contested and uncontested divorce cases.
• Protocol Preparation: Preparing uncontested divorce protocols in a legally compliant and binding manner.
• Compensation and Alimony: Material-moral compensation, poverty alimony and child support claims.
• Custody and Guardianship: Obtaining and modifying custody; guardianship and trustee cases.
• Property Regime: Marriage contract preparation and post-divorce property division (contribution claim) cases.
• Protective Measures: Obtaining restraining and protection orders under Law No. 6284.
• Recognition and Enforcement: Making divorce decisions obtained abroad valid in Turkey.

2. What Are the Grounds for Divorce?

According to the Turkish Civil Code (TCC Art.161-166), grounds for divorce are divided into Special and General grounds.

A. Special Grounds for Divorce

In the presence of these grounds, the fault of the other party is not required; proof is sufficient for divorce.

1. Adultery: One spouse violating the fidelity obligation by engaging in sexual intercourse.
2. Threat to Life and Cruel Treatment: Attempting to kill the spouse or inflicting severe physical/psychological violence.
3. Committing Crimes and Dishonorable Life: Committing disgraceful crimes or leading a dishonorable life such as drug/alcohol addiction.
4. Abandonment: The spouse abandoning the marital home without just cause and not returning for at least 6 months. (Warning is required).
5. Mental Illness: Mental illness that makes marriage unbearable and has no possibility of recovery.

B. General Grounds for Divorce

• Irretrievable Breakdown of Marriage: Loss of love and respect between spouses, physical/psychological/economic violence, excessive jealousy, avoidance of sexual intercourse fall under this category.
• Mutual Consent Divorce: Agreement of spouses on divorce in marriages lasting at least 1 year.

3. Types of Divorce Cases: Contested or Uncontested?

Uncontested Divorce Case

It is the fastest and most cost-effective divorce method.

• Requirements: Marriage must have lasted at least 1 year, spouses must fully agree on divorce and its consequences (custody, alimony, compensation) and declare their will before the judge.
• Duration: Usually concludes in a single hearing (within 1-3 months).

Contested Divorce Case

Cases where spouses cannot agree on divorce or its consequences (compensation, custody, etc.).

• Duration: Can take between 1.5 to 3 years due to evidence collection, witness hearings, and expert examinations.

4. Custody, Alimony and Compensation

Who Gets Custody?

The court does not look at the superiority of the "mother" or "father" in custody decisions, but at the "Best Interest of the Child" principle. The child's age, educational status, parents' lifestyle and relationship with the child are determinative.

Material and Moral Compensation

• Material Compensation: The innocent (or less at fault) spouse whose existing or expected interests are damaged due to divorce can claim.
• Moral Compensation: The spouse whose personal rights were violated due to events causing divorce (insult, violence, cheating, etc.) can claim.

Types of Alimony

1. Interim Alimony: Temporary alimony ordered for the spouse or children who have difficulty supporting themselves during the trial.
2. Poverty Alimony: Paid to the innocent (or less at fault) spouse who will fall into poverty due to divorce.
3. Child Support: Alimony paid by the non-custodial parent to contribute to the child's expenses.

5. Frequently Asked Questions