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Divorce Procedure in Turkey
The marriage must be registered with the local office to begin the divorce procedure in Turkey. If a foreign citizen residing in Turkey follows the registration procedure to seek a divorce, he or she must appear in a civil court and acquire a judicial divorce decree. The foreigner cannot get divorce paperwork from a court in another jurisdiction; instead, the process must be completed with a Turkish civil court that will render the decision.
Related articles about divorce in Turkey that you might be interested in for further reading:
- Divorce of Foreigners in Turkey,
- The Major Reasons For Divorce in Turkey,
- Is Divorce in Turkey Common?
Legal Advice For Divorce Procedure in Turkey
If a lawyer is required, the individual seeking divorce must sign a power of attorney over to the lawyer. If the individual doesn’t want the public to be present in the courtroom and hear information about the marriage, may seek a private trial. In such circumstances, the court will grant the motion and the trial will begin behind closed doors. The court may opt to grant the two parties a term of reconciliation ranging from one to three years, with the divorce proceeding in Turkey ending only when that time has passed. After a divorce, the lady generally returns to her maiden name, which she had before the marriage. Here are some other aspects to think about when it comes to divorce in Turkey:
● The woman can only maintain her former husband’s name after the divorce if the judge agrees.
● The woman is unable to remarry over a year after her divorce.
● Only if a court allows a second marriage within 300 days after the divorce is it feasible. It can be decided in court that no prospective marriage can take place in the next term, regardless of the cause.
● The court rules on child custody problems and may order the other parent to contribute financially to the raising of the child based on his or her income.
Child custody will be resolved in court, and the judge will select the spouse who is best capable of giving the child both physical and emotional care. If the spouses split due to concerns such as domestic abuse, one of the parties may request a visitation restriction. A lawyer in Turkey should assist you with court representation, particularly in instances where the children’s status must be carefully addressed.
Grounds For Divorce in Turkey
Spouses can divorce due to incompatibility, which is defined as when two people no longer share the same thoughts and sentiments. This is a typical reason for divorce in Turkey, although there are other possibilities. According to Turkish Civil Law, the following are some of the reasons for divorce that can be approved in a Turkish court:
● Adultery (unfaithful spouse),
● Behavior that is behind reason (inexplicable conduct),
● Bad treatment, physical assault, or a murder attempt,
● If one of the spouses has been convicted of a crime,
● If the couples have been apart for at least six months (desertion),
● The marriage has irreversibly broken down (severe discord),
● One or both of the spouses has a mental illness.
Because it is based on Swiss Family Law, the divorce procedure in Turkey is not long or difficult. This regulation put an end to Islamic norms that differed from contemporary family law standards.
Types of Divorce in Turkey
There are two sorts of divorces in Turkey: contentious divorce and consensual divorce. The first procedure is one spouse filing for divorce due to a disagreement with the other, such as; infidelity or mental illness. The other type is when one of the spouses decides to end the marriage, goes to court, and there are no objections to the divorce, it’s known as an uncontested divorce.
