If you are looking for an Istanbul lawyer for mutual divorce, welcome. Fidelis Law and Consultancy Office, based in Istanbul, provides legal services and consultancy on various issues, particularly spousal support, custody, compensation, and property regime dissolution, with its divorce lawyer team specializing in contested and mutual divorce cases in Kozyatağı, Kadıköy, Istanbul.
Istanbul Mutual Divorce Lawyer
Our Istanbul divorce lawyer team aims to provide effective and prompt results for clients in divorce cases. Seeking advice from an expert divorce lawyer is crucial, as the divorce process requires meticulous planning and execution.
Divorce, in its simplest definition, means the termination of a marriage. It signifies the end of a legal marriage partnership. When spouses wish to end their marriage for various reasons, they can request a divorce by filing a lawsuit against the other party.
Our Istanbul divorce lawyer team offers services in the divorce process concerning:
- Alimony cases, such as poverty support, participation support, and assistance alimony,
- Property sharing lawsuits (dissolution of property regimes),
- Custody cases in light of current Supreme Court precedents,
- Compensation lawsuits.
You can contact us for an Istanbul mutual divorce lawyer.
How to File for Divorce?
To answer the question of how to file for divorce, a petition prepared for divorce must be submitted to the competent Family Court's registry office, and the fees calculated by the office must be paid to officially open the divorce case. An important point in divorce cases is that the request for divorce must be based on at least one of the grounds listed in the Turkish Civil Code.
Where to Apply for Divorce?
One of the most concerning issues for parties filing for divorce is where and how to initiate the divorce case. According to the Turkish Civil Code, a divorce case can be filed in the Family Court located at the residence of either spouse or at the place where they have lived together for the last six months prior to the lawsuit. If there is no Family Court in those locations, the Civil Courts of General Jurisdiction have jurisdiction as "Family Courts." Divorce cases fall under the jurisdiction of Family Courts.
Where to Apply for Mutual Divorce?
The answer to where to apply for mutual divorce is different from where to file a contested divorce. In contested divorce cases, the rule of exclusive jurisdiction applies, and according to this rule, the divorce case can be filed in the Family Court at the residence of either spouse or at the place where they have lived together for the last six months prior to the lawsuit.
In mutual divorce cases, however, the rule of exclusive jurisdiction does not apply.
The parties wishing to divorce can file for divorce in any Family Court where they have agreed, or in accordance with the jurisdiction rules mentioned in the law.
Conditions for Mutual Divorce with an Istanbul Divorce Lawyer
The conditions for mutual divorce are specified in Article 166, paragraph 3 of the Turkish Civil Code: "If the marriage union has been fundamentally disrupted to the extent that maintaining a common life is no longer expected from them, either spouse can file for divorce." A mutual divorce case can be initiated if the following conditions are met:
- The marriage must have lasted at least one year.
According to the law, couples who have been married for less than 1 year do not have the possibility of consensual divorce.
- Couples married for less than a year cannot mutually divorce.
Spouses must jointly apply or one spouse must accept the divorce case initiated by the other. If one spouse accepts the divorce case filed by the other, the judge must personally listen to the parties to ascertain that their wills are freely expressed. Even if represented by lawyers, the parties must personally attend the divorce proceedings at this stage.
- The judge must find appropriate the arrangement to be accepted by the parties regarding the financial consequences of the divorce and the situation of the children.
The judge must approve the arrangements concerning the financial consequences of the divorce and the situation of the children. The financial consequences of divorce include alimony and compensation. If there are children, an agreement on their custody must also be reached, which the judge must find appropriate. The judge’s discretion regarding custody is related to public order.
If these conditions are met, the marriage will be considered fundamentally disrupted, and mutual divorce will take place.
In practice, a mutual divorce case is filed, and subsequently, a mutual divorce protocol is prepared and submitted to the mutual divorce file. After the protocol is submitted, the parties attend the divorce case to confirm their declarations of intent, resulting in the divorce without the need for further evidence.
Process of Mutual Divorce
Established practices exist regarding mutual divorce in our legal system. Parties wishing to mutually divorce must agree on the consequences of the divorce. Therefore, they typically prepare a mutual divorce protocol through themselves or their lawyers.
This contract is signed by both parties and attached to the petition for the case. In this situation, both parties will act as plaintiffs.
Both parties attend the hearing for the mutual divorce case, where the judge asks them whether they accept the provisions of the contract. If both parties agree to the divorce, a decision can be made in a single session.
Following the issuance of the divorce decision, the court prepares a reasoned decision for mutual divorce. If no appeal is made within two weeks from the notification of the reasoned decision to the parties, the divorce decision becomes final and is sent to the civil registry office, where it is recorded.
How Long Does Mutual Divorce Take?
If all procedures in the mutual divorce process are conducted correctly, the case can be concluded in a single session. Consequently, mutual divorce can be completed in a timeframe ranging from 1 to 3 months.
Which Court is Responsible for Mutual Divorce?
Parties wishing to divorce can file a case either at the Family Court in the residence of one spouse or at any Family Court where they have reached an agreement.
When Does the Divorce Decision Get Recorded?
The divorce decision becomes definitive two weeks after the court's decision is notified to the parties. No appeal must be filed during this two-week period. At the end of this two weeks without any objections, the decision becomes final and is reported to the civil registry office. This process may be delayed due to the workload of the courts. If parties indicate that they waive their right to appeal, there is no need to wait for the two-week finalization period. To expedite this process, seeking assistance from a mutual divorce lawyer in Kadıköy, Istanbul, would be beneficial.
Is a Lawyer Mandatory for Mutual Divorce?
In mutual divorce, there is no obligation for representation by a lawyer. Parties can agree on any issues that may lead to disputes through their protocol. However, having a mutual divorce protocol prepared by an experienced Istanbul divorce lawyer is important to prevent potential rights losses and to expedite the process by avoiding erroneous actions.
What is a Contested Divorce Case?
Spouses who cannot agree on divorce file a contested divorce case. This occurs in cases where:
- One spouse wants a divorce while the other does not,
- Both spouses wish to divorce but cannot agree on the consequences.
Since there is no agreement between the parties in contested divorce cases, they must base their divorce intentions on specific grounds.
What are the Grounds for Divorce?
The grounds for divorce are listed in Articles 161, 162, 163, 164, 165, and 166 of the Turkish Civil Code. According to our law, divorce cannot be decided on any grounds other than those stated. These grounds are:
- Adultery (Article 161)
- Attempted murder, extremely bad or humiliating behavior (Article 162)
- Committing a crime and living dishonorably (Article 163)
- Abandonment (Article 164)
- Mental illness (Article 165)
- Disruption of the marriage union (Article 166)
The spouse initiating the divorce must rely on at least one of the grounds specified in the law. The initiating spouse must clearly state the ground for divorce. Failure to specify the grounds and requests may lead to the risk of losing rights due to the prohibition against expanding claims and defenses.
For detailed information on this subject, you can read our article on contested divorce cases or contact us.
Alimonies that can be Requested through a Divorce Lawyer
Participation Alimony
In addition to divorce cases, divorce lawyers can request participation alimony for the parties' mutual children. Participation alimony, regulated in Article 327 and subsequent articles of the Turkish Civil Code, is a type of alimony arranged entirely for the benefit of the parties' mutual children. Therefore, when deciding on participation alimony, the needs, living standards, and circumstances of the mutual child are evaluated without considering the faults of the spouses.
Parents must jointly meet all expenses necessary for their mutual child's education, care, housing, and protection. This obligation ends when the mutual child turns 18. However, if the mutual child's education continues after turning 18, the obligation persists until the completion of their education.
Poverty Alimony
In addition to divorce cases, divorce lawyers defend the rights of spouses who will suffer losses due to divorce. The most important claim in this regard is the request for "poverty alimony."
A spouse who will be deprived of financial support from the other and will fall into poverty due to the divorce can request poverty alimony. A crucial criterion for awarding poverty alimony is that the requesting spouse's fault must not exceed that of the other spouse. Poverty alimony can always be requested.
Can WhatsApp Records Be Requested in Divorce Cases?
In divorce proceedings, the likelihood of WhatsApp records being considered as evidence is high due to potential unlawful evidence issues. Unlawful evidence cannot be used for proof. Therefore, how the WhatsApp records were obtained is crucial.
The method of obtaining the records is significant. According to HMK 189/2, unlawful evidence will not have evidentiary value in divorce cases. For example, if one spouse unlawfully obtains the contents of the other spouse's conversations with third parties via WhatsApp, such records do not qualify as evidence. However, GSM operator records can be requested from the court; these records do not contain conversation contents but include information such as called numbers and call dates. You can check our article titled "Unlawful Evidence" for more details.
How Long Does a Contested Divorce Case Last?
The duration of contested divorce cases varies depending on several factors. Key factors include:
- The number of claims made by the parties and the evidence supporting them.
- The parties' faults and the ability to prove those faults.
- How the courts evaluate the evidence.
Similar situations can also affect the duration of the case. It is important to note that these cases typically last between 1 to 3 years on average.
What is the Waiting Period?
In Turkish law, the waiting period, as regulated by the Turkish Civil Code, defines that a woman whose marriage has ended must wait 300 days from the date her marriage ended before she can remarry. Article 132 of the Turkish Civil Code stipulates this waiting period to prevent confusion about the paternity of a child born during a subsequent marriage if the woman is pregnant from her previous husband. The legislator aimed to avoid potential confusion and to protect family and social order.
What is the Purpose of the Waiting Period?
The waiting period serves to prevent confusion regarding the paternity of a child that may arise from a new marriage if the woman is pregnant from her previous husband. The legislator has introduced this regulation to avoid such confusions and to maintain family and social order.
How Can the Waiting Period be Lifted?
The waiting period can end in three ways:
- The woman intending to remarry can request the Family Court to lift the waiting period, proving she is not pregnant from her previous marriage with a medical report.
- The woman can apply to the Family Court if she wishes to remarry her ex-husband.
- The waiting period can also expire automatically after 300 days without any application, or if the divorced woman gives birth within that period.
A divorced woman cannot remarry during the waiting period unless it is lifted, and marriages contracted during this period may be annulled. Therefore, it is advisable to consult a family lawyer before entering into a new marriage during the waiting period.
How Can a Divorce Case Be Dismissed?
A divorce case can be dismissed if the parties do not pursue it or if they waive their claims. If the plaintiff does not withdraw from the divorce case and continues pursuing it, the divorce process continues. If the parties reach an agreement after filing for divorce, consulting a divorce lawyer is recommended.
Divorce Custody Lawyer
Custody disputes arising from divorce significantly affect families and other parties involved.
According to Article 335 of the Turkish Civil Code, without any legal reason, minor children remain under the custody of both parents as long as the marriage is ongoing. Upon the dissolution of marriage, joint custody ends. Although the law does not recognize joint custody, a regulation was introduced in the European Convention on Human Rights, adding Protocol No. 7 titled “Equality Between Spouses,” which allows for joint custody after divorce. However, this practice is not widely accepted and must prioritize the child's best interests, ensuring that joint custody decisions do not jeopardize the child's safety or welfare.
Under our laws and international treaties that Turkey is a party to, children considered to have sufficient understanding should be allowed to express their views in matters concerning them, and their opinions should be given due importance.
A thorough investigation must be conducted regarding the child's best interests during court proceedings, and reports must be obtained from relevant sources. This will determine which party should receive custody. Both parties should be equally examined to assess which is more beneficial and adequate for the child's best interests. However, in some cases, custody may be granted to the mother based solely on the child's immediate need for maternal care, which contradicts the principle of the child's best interests. Despite some exceptions, it is advised to proceed with the support of a specialized lawyer. You can read our article on custody disputes for more detailed information or contact us.
Granting Custody to the Father
The most important criterion for determining custody is the child's best interests. If the child's interests are better protected by granting custody to the father, then custody will be awarded to him. However, if the child is very young (0-3 years, 3-6 years, 6-12 years), custody is likely to be awarded to the mother due to her nurturing role. Nevertheless, exceptions to this situation exist.
Changing Custody
Custody can be requested to be changed through a legal process. Custody decisions are not final judgments. If circumstances change significantly, custody can be requested to be modified in court. There is no specific timeframe to file for custody modification; a case can be opened whenever significant changes in circumstances occur.
Divorce Case Fees 2021
Regarding divorce case fees, the litigation costs explained in Article 323 of the Civil Procedure Code are considered. These include application fees, advance fees, attorney's fees, and court fees. Additionally, in cases handled by lawyers, the statutory attorney fee may also be included in the costs. Litigation costs are charged to the losing party. If the case ends with both parties having partial success, the costs will be allocated based on the degree of fault.
Divorce Lawyer Fees 2021 in Istanbul
Divorce lawyer fees are determined according to the 2021 Minimum Attorney Fee Schedule. The relevant section of the schedule specifies the minimum attorney fee for divorce cases. This fee is the minimum, and attorneys are prohibited from accepting cases below this amount. Since it is a minimum fee, higher agreements can be made between the attorney and the client for the services provided.
When determining the 2021 divorce lawyer fees, another reference is the minimum fee schedule published annually by the local bar association. For Istanbul divorce lawyer services, the section titled “Cases Seen in Family Courts” can be reviewed.
Does the State Provide Lawyers for Divorce?
Individuals who cannot afford court and attorney fees after deciding to divorce can apply for legal aid from the local bar association or court. If the applicant meets the necessary criteria, an attorney will be appointed by the bar. The individual does not have the option to choose their lawyer. The state covers the legal fees and court expenses for those who apply for legal aid. However, to qualify, the applicant must document their financial situation and present the necessary documents.
If you have a request for information or a desire to work on your divorce cases, you can contact us by clicking here. We are with you as an Istanbul consensual divorce lawyer.
