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:

  1. Mutual Consent: Both parties agree to the divorce and the terms of the settlement.
  2. Fault-Based: One party is at fault due to reasons such as adultery, abandonment, or cruelty.
  3. Irretrievable Breakdown: The marriage has irretrievably broken down, making cohabitation intolerable.

Divorce Types

  1. 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.
  2. 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:

  1. Marriage Certificate: Proving the marriage exists.
  2. Identity Documents: Valid passports and residency permits.
  3. Proof of Residence: Documents showing legal residence in Turkey.
  4. Divorce Petition: Filed by one or both parties, detailing the grounds for divorce and the terms of the settlement.
  5. Evidence: In fault-based cases, evidence supporting the grounds for divorce (e.g., proof of adultery or abuse).

The Divorce Process

  1. Consultation with a Lawyer: Engage an English-speaking lawyer in Istanbul to understand your rights and obligations.
  2. Filing the Petition: Your lawyer will help you file the divorce petition at the appropriate family court.
  3. Serving the Petition: The petition is served to the other party, who has the opportunity to respond.
  4. Preliminary Hearing: The court reviews the case.
  5. Court Hearings: The case proceeds to trial where both parties present their evidence and arguments.
  6. Court Decision: The court issues a ruling based on the evidence and applicable laws.
  7. 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.

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