Akkas & Associates is a globally recognized Turkish family law firm with a long record of excellence and professional leadership in Istanbul, Turkey. Our Turkish family lawyers and divorce attorneys are prepared to handle divorce cases, from a simple no-contest divorce proceeding to a complicated divorce with significant property and children. Our divorce lawyers also represent our clients in other family law issues. Turkish Divorce Grounds including; contested divorce, uncontested divorce, alimony & compensation, child custody, child support, recognition of foreign divorce decree, and other family law litigation.
We understand your needs when it comes to family law issues. We’re dedicated to helping you make the right decisions, even during difficult and emotional circumstances. Our Turkish family lawyers and divorce attorneys give you sound legal advice based upon the law, our experience and the unique facts of your situation. Our firm’s family lawyers are devoted exclusively to family law issues including contested divorce, uncontested divorce, alimony & compensation, child custody & support, recognition of foreign divorce decrees, and litigation.
Turkish Family Law & Divorce Regulations
Turkey legally recognizes marriages executed in Turkey. A marriage is registered at a local Vital Statistics Office (Nufus Dairesi). In Turkey, all family records are recorded in the Vital Statistics office that was the original home to the family. Even if no one currently lives in that area, births, marriages, divorces, and other events are recorded in this one location.
In the event the marriage was executed in another country, the marriage may be registered through the nearest Turkish consulate. The Turkish Consulate will forward the documents to the office that handles that family record book.
To terminate a legal marriage it is required to obtain a divorce decree from a Turkish family court. Divorce proceedings are generally open to the public. However, at the request of either party, a judge may choose to preside over a closed or private court case. Judges may also take temporary measures for the protection of the parties, their property, and the welfare of their children.
Divorce on the Grounds in Turkey
Chapter 2 of the Turkish Civil Code provides the following possible grounds for filing court cases for a divorce or separation in Turkey:
- Adultery, Maltreatment, threat to life, severe insult
- Committing a crime which degrades the integrity or the prestige of the other party
- Deserting home: If one of the parties leaves home and does not return for at least 6 months without showing a valid reason and also does not respond to the Judge’s warnings, the deserted spouse may open a court case for a divorce. The party who has forced his/her spouse to leave home or who prevents the return of the spouse without any valid reason is also considered to have deserted his/her home.
- Mental illness: If one of the parties has a mental problem which is confirmed by an official medical committee report that it cannot be treated, a court case for a divorce can easily be opened.
- Incompatibility: Though this is the widest area of grounds for opening divorce cases, the Defendant has the right to reject a court case if the Plaintiff is found to be more at fault. If the judge, however, decides that the right of rejection is being exploited and that there is no benefit for the Defendant and the children in maintaining the marriage, a decision for divorce can be made.
If the marriage has lasted for at least one year and a joint application for divorce is made, or a court case filed by one spouse is accepted by the other spouse, the marriage is considered to be impaired. In such cases, the Judge listens to both sides and approves the agreement reached by the parties regarding the protection of the children and financial affairs. The Judge has the authority to make any changes on the arrangements. If both parties consent to these changes, the divorce decision is given.
If three years have elapsed from the date a divorce case is rejected and living together has not been established, the marriage is considered to be impaired and a divorce decision is given upon application to the court by either spouse.
If you live outside of Turkey, and are looking for a Turkish family law to assist you with divorce, child custody or child visitation, and child support issues, give us a call. We work regularly with clients who live in abroad but have children or divorce matters in Turkey. We understand the frustration that a long distance legal battle can cause and will do all we can to limit your travel expenses and win your case.
Our Turkish family lawyers are prepared to handle your divorce in Turkey. Turkish divorce grounds are adultery, maltreatment, threat to life, severe insult, committing a crime, deserting home, mental illness, and incompatibility.
Legal grounds for dissolution of marriage are divided into two groups: special and general. Sections 161 to 166 of the Turkish Civil Law define those legal grounds as follows: the special legal grounds are adultery, deliberate attempt to kill, maltreatment, humiliating behavior, committing a crime, unreasonable behavior, desertion, mental disease; the general legal grounds are incompatibility, coming to a mutual agreement on divorce, no-contest divorce, and living apart for three years after an application for dissolution of marriage has been denied by the court.
Marriage will not be dissolved upon filing of the decision made by only one of the spouses. Marriage will not be dissolved unless the spouse against whom such application has been filed is proven to have been faulty. Apart from such fault, marriage can only be dissolved upon an application by the couple for divorce under mutual agreement, agreed divorce. The court will not dissolve the marriage unless both spouses are present in person at the hearing. If the application is based on adultery, presentation of written affidavits will not be considered sufficient, the judge will hear the couple’s individual verbal statements before the court.
Reach us for Turkish Divorce Grounds
Akkas & Associates is a solution-oriented law firm that empowers clients to meet the diverse and changing demands of today’s family law & divorce. Since 1992, our lawyers have been helping clients’ complex legal challenges and maximize opportunities for success. Our law firm is now one of the leading family law & divorce law firms in Istanbul, Turkey. You may reach us for Turkish Divorce Grounds through our Contact page.