A divorce case filed with the request for the termination of the marriage union is a difficult and sensitive process. In this process, it is very important to know legal procedures and rights. In this blog post, I will give detailed information about filing for divorce.
Divorce Types:
There are two types of divorce cases in Turkey:
• Consensual Divorce: It is a lawsuit filed by the spouses by agreeing on the divorce and financial consequences in case the marital union is shaken from its foundations. In this type of case, a single petition and a protocol containing the agreement are presented.
• Contested Divorce: This is a case filed when the parties cannot agree. In this type of case, both parties present their evidence and demands to the court.
Where to File a Divorce Case?
Divorce cases are filed in the Family Court where the last residence of the spouses is located. In places where there is no Family Court, the Civil Court of First Instance has jurisdiction.
Required documents:
The documents required to file for divorce are:
• Divorce Petition: A petition prepared according to the type of case and containing the reasons for divorce.
• Photocopy of Identity Card: For both spouses.
• Photocopy of Marriage Certificate:
• Consensual Divorce Protocol (in Consensual Cases): The protocol containing the terms agreed upon by the parties.
• Evidence (In Contested Cases): Witness statements, messaging, photographs, etc.
Case Fees and Expenses:
Fees and expenses must be paid when filing for divorce. These fees and costs may vary depending on the type of case and the evidence presented.
Litigation Process:
The divorce case process varies depending on the type of case. While consensual divorce cases are usually concluded in a single hearing, contested cases may take longer. During the litigation process, the parties and their lawyers attend the hearings, evidence is presented and the judge decides.
Your rights:
You have some rights during the divorce process. These rights are:
• Alimony: A spouse whose financial situation is not good may request alimony from the other spouse.
• Custody: Custody of children is determined by the court during the case.
• Property Sharing: Property acquired during the marriage is shared between the spouses at the end of the case.
Things to Consider About Divorce Case:
• It may be useful to get advice from an expert before deciding to divorce.
• It is important to remain calm and respectful during the litigation process.
• You should know your rights and obligations well.
• If necessary, you should get legal support from a lawyer.
