Key Points to Consider During the Divorce Process

Divorce is a multifaceted process in terms of its legal consequences, encompassing several matters that directly affect the rights and obligations of the parties. A clear understanding of this process, which is conducted under the framework of the Turkish Civil Code, helps the parties evaluate their options and the applicable procedure more soundly. The explanations below are intended as general information on the principal issues that frequently arise during a divorce.

Uncontested and Contested Divorce

Under Turkish law, divorce cases are heard essentially in two forms. In an uncontested divorce, the spouses agree on all consequences of the divorce; in a contested divorce, there is disagreement between the parties on one or more matters.

Uncontested divorce: Requires that the marriage has lasted at least one year, that the spouses apply jointly or that one spouse accepts the case filed by the other, and that the judge hears the parties in person.
Contested divorce: Requires that general or specific grounds for divorce be asserted and supported by evidence; the process is usually longer.
Settlement protocol: In an uncontested divorce, matters such as custody, alimony, division of property and compensation are set out in a written protocol.

Custody

Custody of joint children is determined on the basis of the child's best interests. The judge assesses factors such as the child's age, education, habits, the circumstances of the parents and their relationship with the child. A personal relationship (visitation) arrangement is established for the parent not granted custody. Where circumstances change, arrangements concerning custody and personal contact may be revisited.

Types of Alimony

Alimony may arise under separate headings during the divorce process and is assessed according to the economic situation of the parties.

Interim alimony: May be awarded temporarily for the duration of the case.
Poverty alimony: May be claimed in favour of the spouse who would fall into poverty as a result of the divorce.
Child support (participation alimony): The contribution of the parent without custody to the care and education expenses of the child.

Matrimonial Property Regime and Division

For those who married after 1 January 2002, the regime that applies by law is the regime of participation in acquired property. Under this regime, property acquired during the marriage is, as a rule, subject to division upon liquidation, while personal property remains outside this scope. Spouses may also conclude a different property regime agreement through a notary before or during the marriage. Because liquidation can vary according to how and in what nature the property was acquired, keeping documents and financial records in order is important.

Points That May Warrant Attention

Stating the matters requested in the petitions clearly and completely.
Preparing evidence, documents and financial records in an organised manner.
Focusing decisions concerning children on the child's interests.
Observing the rules on procedure and time limits.

This content is intended solely as general information and does not constitute legal advice. As each divorce process involves its own facts and circumstances, specific situations should be evaluated individually. Our office provides services in the field of family law.