A contested divorce in Turkey as an emotional and legal process, can be challenging and complex for parties who also have to go through a breakup with their spouse. However, when it comes to contested divorces, the intricacies multiply. This comprehensive guide aims to shed light on the concept of contested divorce within the Turkish legal framework.
Contested Divorce in Turkey
Our article sheds light on the contested divorce process in Turkey, offering valuable insights into the challenges that parties may encounter. From legal considerations to emotional implications, we explore the key aspects involved in a contested divorce. Whether it’s navigating child custody issues, dividing assets, or addressing financial matters, our team is well-equipped to provide personalized solutions tailored to each client’s unique circumstances.
At Han & Partners, we strive to provide compassionate and professional guidance to our clients during this trying time. Our goal is to help them achieve a fair resolution and move forward with their lives. If you’re facing a contested divorce in Turkey, reach out to our experienced legal team today for expert advice and support.
Remember, you don’t have to face this challenging process alone. Han & Partners is here to stand by your side and provide the legal assistance you need for your contested divorce in Turkey.”
1. The Concept of Contested Divorce
In the realm of family law, divorces fall into two main categories: uncontested and contested. An uncontested divorce involves a mutual agreement between spouses on all legal and financial aspects, leading to a swift resolution. Conversely, a contested divorce surfaces when the couple cannot reach an agreement on the impacts of their marital dissolution or when one party is unwilling to end the marriage. This disagreement can relate to factors such as alimony, child custody, or division of property.
2. Legal Basis for Contested Divorce
The Turkish Civil Code (TCC) provides the legal foundation for contested divorce cases in Turkey. It details the conditions and reasons necessary for filing a contested divorce case. Grounds for divorce under the TCC include infidelity, dishonorable behavior, domestic violence, criminal activity, abandonment, mental illness, and irreparable breakdown of the marital union.
3. Initiating a Contested Divorce
The process of initiating a contested divorce requires the filing of a contested divorce petition in the family court. To file such a case, the petitioner must prepare a comprehensive and legally sound divorce petition that outlines their reasons for seeking divorce and their demands from their spouse. Along with the submission of the petition, certain fees and expenses, as determined by the court, must be paid. This step marks the beginning of the contentious divorce proceedings.
4. Drafting a Contested Divorce Petition
The petition for a contested divorce forms the cornerstone of the entire case. It must clearly state the reasons for the marriage dissolution and the demands from the spouse. Given its significance, it’s crucial that spouses understand their legal rights before drafting the petition. The petition should be based on a valid legal ground for divorce. An experienced divorce lawyer’s assistance in crafting the contested divorce petition can prevent potential victimization and loss of rights. Thats were our expertise and guidance makes a difference for our esteemed clients.
Contested Divorce Lawyer in İstanbul
at Han & Partners Law Firm, we offer various services as experts on contested divorce attorneys in Istanbul to meet our client’s needs related to distribution agreements. With the aim of protecting our client’s interests and defending their rights to the fullest, we provide the following services:
- Drafting the Agreement: We prepare the distribution agreement tailored to our client’s needs. The agreement includes all necessary provisions from a legal perspective to ensure compliance and protect our client’s rights.
- Negotiating the Agreement: We participate in the negotiation of the distribution agreement to safeguard our client’s interests. By making necessary amendments during negotiations, we support our clients in advocating for their rights.
- Enforcing the Agreement: We take all necessary steps to protect our client’s rights during the enforcement of the distribution agreement. In case of any breach of the agreement, we provide support to our clients in initiating necessary legal actions to safeguard their rights.
As a distribution agreement attorney, we offer our services by taking all necessary steps to protect our client’s rights. These processes encompass the preparation, negotiation, and enforcement of the agreement. As distribution agreement attorneys, we make the required amendments and initiate legal actions to defend our client’s rights to the fullest. At Han & Partners Law Firm, as distribution agreement attorneys in Istanbul, we provide comprehensive services to our clients. For further information and legal advice, please feel free to contact our law firm.
5. Conditions for Contested Divorce
When it comes to contested divorce cases, the primary condition is the inability of the spouses to agree on the divorce. This disagreement may arise due to one party’s desire for divorce while the other refuses, or due to differences over matters like property division, alimony, and child custody. In such situations, a contested divorce case can be filed.
6. Duration of Contested Divorce
The duration of a contested divorce case varies depending on the complexity of the issues to be resolved and the willingness of the parties to cooperate. The process may involve justifying the parties’ positions, determining fault, proving claims, and gathering evidence, all of which can significantly extend the proceedings. On average, a contested divorce case may last between one to three years.
7. Court Attendance in Contested Divorces
In contested divorce cases, if the parties have appointed attorneys, they are not required to attend the court hearings personally. However, if a party is not represented by a lawyer, they must be present at the hearings lest their case be dismissed. Conversely, the defendant’s absence from hearings doesn’t stall the case but may result in forfeiture of certain rights, such as the right to object.
8. Jurisdiction in Contested Divorce
The competent authority for handling divorce cases, including contested divorces, is the family court. If a family court does not exist in the area where the divorce case is filed, the first-instance civil court assumes jurisdiction. The jurisdiction for a contested divorce case is typically the place of residence of either spouse or the location where the couple has resided together for six months preceding the filing of the divorce case.
9. Fees for Contested Divorce
The fees for a contested divorce case, encompassing fees and other expenses, must be paid in advance to the court cashier. The costs associated with a contested divorce case may vary depending on factors such as the number of witnesses, the need for an expert, and the requirement of documents from other institutions. Failure to pay the case fees and expenses within the stipulated period may result in the lawsuit being deemed not filed.
10. Legal Assistance for Contested Divorce
Considering the complexities involved in contested divorce cases, the assistance of a seasoned divorce attorney can be invaluable. Legal professionals can provide expert advice, advocacy, and mediation services to protect your interests and ensure a fair resolution. Firms like Akkas & Associates offer extensive experience in handling contested divorce cases, ensuring that your rights are safeguarded throughout the process.
Contact Us
At Han & Partners Law Firm, we offer a full range of services to our clients in the area of family law and divorce. We are committed to protecting our clients’ interests and rights, and we guide them through the complexities of legal processes such as property division, child custody, and spousal support.
Ensuring that divorce settlements and family law agreements are legally sound and fair is crucial for maintaining balance and trust between the parties involved. Therefore, we tailor our approach to suit each client’s unique circumstances and stand by them during negotiations and court proceedings. For further information and legal advice, please feel free to contact our law firm.
