GETTING DIVORCED
IN TURKEY AS A FOREIGNER
Introduction
Divorce is a complex and emotionally challenging process,
especially when it occurs in a foreign country. If you are a foreigner looking
to get divorced in Turkey, understanding the legal procedures and requirements
is crucial. At Altun Legal, our English-speaking lawyers in Istanbul are
dedicated to providing you with the necessary guidance and support to navigate
this difficult time.
Legal Grounds for Divorce
In Turkey, divorces are governed by the Turkish Civil Code.
The grounds for divorce include:
- Mutual
Consent: Both parties agree to the divorce and the terms of the
settlement.
- Fault-Based:
One party is at fault due to reasons such as adultery, abandonment, or
cruelty.
- Irretrievable
Breakdown: The marriage has irretrievably broken down, making
cohabitation intolerable.
Divorce Types
- Contested
Divorce: Occurs when one party does not agree to the divorce or the
terms of the settlement. This type of divorce requires a court hearing
where evidence is presented.
- Uncontested
Divorce: Occurs when both parties agree to the divorce and its terms.
This process is quicker and usually involves a single court hearing.
Required Documents
Foreigners seeking a divorce in Turkey need to provide the
following documents:
- Marriage
Certificate: Proving the marriage exists.
- Identity
Documents: Valid passports and residency permits.
- Proof
of Residence: Documents showing legal residence in Turkey.
- Divorce
Petition: Filed by one or both parties, detailing the grounds for
divorce and the terms of the settlement.
- Evidence:
In fault-based cases, evidence supporting the grounds for divorce (e.g.,
proof of adultery or abuse).
The Divorce Process
- Consultation
with a Lawyer: Engage an English-speaking lawyer in Istanbul to
understand your rights and obligations.
- Filing
the Petition: Your lawyer will help you file the divorce petition at
the appropriate family court.
- Serving
the Petition: The petition is served to the other party, who has the
opportunity to respond.
- Preliminary
Hearing: The court reviews the case.
- Court
Hearings: The case proceeds to trial where both parties present their
evidence and arguments.
- Court
Decision: The court issues a ruling based on the evidence and
applicable laws.
- Finalization:
The divorce is finalized once the court's decision is registered.
Child Custody and Support
In divorce cases involving children, the court prioritizes
the best interests of the child. Factors considered include the child's age,
health, emotional ties to each parent, and each parent's ability to provide
care. Child support is determined based on the financial means of both parents
and the child's needs.
Division of Assets
The division of marital assets is based on the principle of
equal sharing. Assets acquired during the marriage are considered marital
property and are subject to division. However, premarital assets, gifts, and
inheritances are typically excluded.
Spousal Support
Spousal support (alimony) may be awarded to the financially
disadvantaged spouse. The amount and duration of support depend on factors such
as the length of the marriage, the standard of living during the marriage, and
the recipient's financial needs.
International Considerations
For foreigners, it is important to understand how the
Turkish divorce will be recognized in their home country. Legal assistance may
be required to ensure the divorce is valid and enforceable internationally.
How Altun Legal Can Assist
At Altun Legal, our English-speaking lawyers in Istanbul
provide comprehensive support throughout the divorce process. Our services
include:
- Legal
Consultation: Understanding your rights and options.
- Document
Preparation: Assisting with the preparation and filing of required
documents.
- Negotiation:
Facilitating amicable settlements.
- Court
Representation: Representing you in court hearings and trials.
- International
Legal Advice: Ensuring the divorce is recognized and enforceable in
your home country.
Conclusion
Divorce is a challenging process, but with the right legal
support, you can navigate it with confidence. At Altun Legal, our experienced
English-speaking lawyers in Istanbul are here to help you every step of the
way. Contact us today to schedule a consultation and take the first step toward
resolving your legal matters.
This article is intended for general informational purposes only and not intended as a substitute for the advice and counsel of an attorney. If you want to contact an English-speaking lawyer in Istanbul for more information, you can contact our office.