The divorce process is not merely limited to the termination of the marital union. Along with a divorce lawsuit, numerous legal issues such as child custody, alimony, pecuniary and non-pecuniary damages, visitation rights, liquidation of the property regime, and claims for jewelry and household goods may arise simultaneously. Therefore, it is crucial to accurately assess the legal situation from the initiation of the divorce process until the finalization of the judgment and to identify in advance any procedures that could lead to loss of rights.

A divorce lawyer, alongside the legal process regarding the termination of the marital union, is a legal professional who provides legal counsel and advocacy services to their client in disputes related to custody, alimony, compensation, and property arising from divorce. The filing of a divorce lawsuit, preparation of petitions, evaluation of evidence, participation in hearings, submission of requests for interim legal protection, tracking of the judgment, and application for necessary legal remedies may fall within the scope of this legal service.

Based in Istanbul Beylikdüzü, As Batın Yılmaz Law Firm; Beylikdüzü, Esenyurt, Büyükçekmece, Avcılar, and Küçükçekmece We provide legal counsel and advocacy services in divorce and family law disputes within the regions. We conduct operations aimed at planning the legal process according to the specific circumstances of the case and protecting our clients' rights in the filing of divorce lawsuits, contested or uncontested divorce proceedings, child custody, alimony, pecuniary and non-pecuniary damages, liquidation of the property regime, and other legal disputes connected to divorce.

What Does a Divorce Lawyer Do?

The duty of a divorce lawyer is not merely to attend hearings in court. In every divorce file, the economic status of the parties, the presence of children, the assets acquired during the marriage, the alleged grounds for divorce, existing evidence, and the demands of the parties may vary.

Therefore, a divorce lawyer primarily ensures the legal assessment of the specific case and determines the process to be followed.

The primary tasks that a divorce lawyer may undertake include:

Assessing the legal situation prior to the divorce lawsuit,
Evaluating options for uncontested or contested divorce,
Preparation of the divorce petition,
Preparation of the answer to the lawsuit and other submissions,
Determination of divorce grounds and legal bases,
Evaluation and submission of evidence,
Notification of witnesses and legal evaluation of witness testimonies,
Preparation of custody claims,
Pursuing claims for temporary, child, and poverty alimony,
Preparation of pecuniary and non-pecuniary compensation claims,
Evaluation of property regime and asset division disputes,
Conducting legal proceedings regarding jewelry and personal belongings claims,
Pursuing requests regarding the establishment of personal relations with the child,
Evaluation of requests for provisional legal protection when necessary,
Attendance at hearings,
Monitoring of the court decision,
Preparation of appeals to the regional courts of appeal (İstinaf) and, when conditions are met, to the Court of Cassation (Temyiz),
Execution of necessary procedures following the finalization of the divorce decree.

In Which Divorce Cases Are Legal Services Provided?

Divorce lawsuits may proceed differently depending on whether the parties can reach an agreement on the termination of the marital union and the scope of the dispute.

Uncontested Divorce

Uncontested divorceis a type of divorce based on the spouses agreeing on the consequences of the divorce and submitting this agreement to the court.

In an uncontested divorce, it is not sufficient merely to accept the divorce. Spouses must also reach an agreement on the financial consequences of the divorce and, if applicable, the status of the children.

In particular;

regarding divorce,
regarding alimony,
regarding pecuniary and non-pecuniary damages,
regarding custody,
regarding child support for the children,
regarding personal contact with the child,
regarding property and personal belongings

the scope of the parties' agreement is of significant importance.

Ambiguous expressions that may give rise to future disputes should be avoided during the preparation of the uncontested divorce protocol. Therefore, it is important to evaluate the legal consequences before the protocol is signed.

Contested Divorce

Contested divorce, arises in cases where the spouses cannot agree on the divorce itself or the consequences of the divorce.

The matters that the court must evaluate in contested divorce cases may vary depending on the contents of the case file. Establishing the grounds for divorce, supporting claims with evidence, hearing witnesses, conducting social and economic status investigations, and evaluations regarding the condition of the children can be crucial parts of the process.

Proper preparation of the petition and evidence strategy in contested divorce cases is important to prevent the loss of rights that may arise in subsequent stages.

On What Grounds Can a Divorce Action Be Filed?

The grounds for divorce are regulated in the Turkish Civil Code. Depending on the specific circumstances of the case, different grounds for divorce may apply.

Among the primary grounds for divorce are;

adultery,
attempt on life, grave maltreatment, or degrading treatment,
commission of a crime and leading a dishonorable life,
desertion,
mental illness,
breakdown of the marital union,
uncontested (agreed) divorce,
divorce due to de facto separation

are set forth.

However, since the same incident may have multiple legal consequences, the specific grounds for divorce to be relied upon must be evaluated based on the concrete facts of the case.

For instance, events such as continuous disputes between spouses, economic abuse, physical violence, defamation, behaviors that undermine trust, or the inability to maintain joint life may produce different legal consequences when evaluated individually or collectively.

Therefore, the answer to the question "on which grounds for divorce should the lawsuit be filed?" is not the same for every case.

Child Custody in Divorce Proceedings

In the event that there are common children in a divorce case, custodyis one of the most significant outcomes of the lawsuit.

The primary criterion in custody evaluations is the best interests of the child. The child's age, needs, educational status, relationship with their parents, living conditions, and other specifics of the case may be taken into consideration.

Regarding custody;

which parent will be granted custody,
how visitation rights with the other parent will be established,
child support for the child,
temporary arrangements while the lawsuit is pending

such issues may arise.

A divorce lawyer articulates the client's claims within a legal framework tailored to the specific circumstances of the case and assists in submitting the necessary evidence to the case file.

Alimony in Divorce Proceedings

Different types of alimony may come into question during and after the divorce process.

Among these:

temporary alimony,
child support,
poverty alimony

shall be included.

In evaluating alimony claims, the economic and social conditions of the parties, the needs and incomes of the children, and other circumstances of the specific case are of significant importance.

Particularly in alimony claims, it is crucial to accurately present the financial standing of the parties and to prepare the claim with concrete grounds.

Pecuniary and Non-Pecuniary Damages in a Divorce Case

Upon the conclusion of the divorce, one of the spouses, provided that the conditions stipulated by law are met, pecuniary or non-pecuniary damages may submit a claim for.

Pecuniary damages and non-pecuniary damages do not serve the same legal purpose. Pecuniary damages are evaluated in connection with the economic losses suffered by the party whose existing or expected interests are impaired due to the divorce, whereas non-pecuniary damages are evaluated in connection with the emotional harm arising from the violation of personal rights.

The events upon which the claims for damages are based, the degree of fault, the economic conditions of the parties, and the evidence in the file are of great importance.

Therefore, when determining the amount and legal justification of the claim for damages in a divorce lawsuit, all aspects of the specific case must be evaluated.

Property Division in Divorce Proceedings

Although divorce and the liquidation of the property regime are interconnected, they are legally distinct proceedings.

Many factors hold significance in the liquidation of the property regime, such as the nature of the assets acquired during the marriage, the property regime in effect at the time of marriage, the acquisition date of the asset, whether the asset is classified as personal or acquired property, contributions made, and existing debts.

Therefore;

residential property,
vehicles,
bank accounts,
corporate shares,
investment instruments,
other movable and immovable property

such asset components may need to be evaluated separately.

Accurately identifying assets and their acquisition dates is crucial to prevent loss of rights regarding property division during the divorce process.

Claims for Jewelry and Personal Belongings in Divorce Proceedings

Jewelry and personal belongings acquired during the marriage may also become the subject of separate claims in certain disputes.

In claims concerning gold, jewelry, ornaments, or personal effects, the nature of the items, their ownership, whether they were delivered, and the evidence by which these matters can be proven are of critical importance.

Such claims may be evaluated independently of the divorce action or in conjunction with the divorce proceedings, depending on the legal nature of the specific case.

How to File a Divorce Case?

Before filing a divorce lawsuit, the legal status and claims of the parties must be determined.

Generally, the process proceeds as follows:

1. Evaluation of the legal status

The status of the marriage, grounds for divorce, condition of the children, assets, and claims for alimony and compensation are evaluated.

2. Determination of the litigation strategy

It is determined whether an uncontested divorce or a contested divorce procedure will be pursued.

3. Preparation of petitions

The statement of claim, answer brief, and, when necessary, other procedural petitions are prepared.

4. Determination of evidence

Witnesses, documents, text messages, photographs, records, and other legally admissible evidence depending on the nature of the specific case are evaluated.

5. Litigation process

The court carries out the necessary procedural actions, takes the statements of the parties, and evaluates the evidence.

6. Judgment

The court renders its judgment based on the evidence in the case file and the legal evaluation.

7. Legal Remedies

Appeals may be filed against the judgment if the conditions are met, and recourse to the Court of Cassation may be sought if legally permissible.

Which Court Has Jurisdiction in Divorce Cases?

Divorce cases in Family Courts. is heard.

In locations where there is no Family Court, the court determined within the framework of the jurisdictional rules stipulated by law may hear the case in the capacity of a Family Court.

The jurisdiction in which a divorce case may be filed must also be evaluated within the framework of jurisdiction rules . In the Turkish Civil Code, criteria such as the residences of the spouses and the place where they have resided together for the last at least six months are taken into consideration regarding the competent court in divorce cases.

For residents of Beylikdüzü, the court with subject-matter jurisdiction and venue in divorce cases is generally the Family Courts in Büyükçekmece. However, in the specific case at hand, the spouses' places of residence, their last joint residence, and other jurisdictional criteria must also be evaluated.

Therefore, before filing a divorce lawsuit, it is important to examine the specifics of the case in terms of both subject-matter jurisdiction and venue.

How Long Does a Divorce Case Take?

It is not possible to provide a single timeframe applicable to all lawsuits regarding how long a divorce proceeding will take.

Uncontested divorce lawsuitsmay be resolved in a shorter time compared to contested lawsuits, depending on factors such as the fulfillment of requirements and the workload of the court.

Contested divorce lawsuits, on the other hand, may take longer depending on the collection of evidence, hearing of witnesses, whether expert or social investigation procedures are required, the parties' demands, the court's workload, and the specifics of the case file.

Therefore, it is not accurate to provide a definitive timeframe stating that "a divorce lawsuit will take exactly this many months."

Upon reviewing the specific case file, the factors that may affect the process can be evaluated more reliably.

Evidence in Divorce Proceedings

The evidence that can be used in a divorce lawsuit varies depending on the allegations asserted.

Depending on the specific circumstances of the case;

witness statements,
written documents,
text messages,
e-mail correspondence,
photographs,
electronically stored information obtained in a lawful manner,
bank records,
medical records,
official institution records,
social and economic status investigations

such evidence may come into question.

However, it must be kept in mind that all kinds of records or footage must be obtained in a lawful manner. The method by which evidence is obtained may be significant in terms of its admissibility in court.

Therefore, it is important to conduct a legal assessment before taking action, particularly regarding telephone records, covert recordings, social media content, and electronic data.

Is It Mandatory to Retain a Divorce Lawyer?

It is generally not mandatory to hire a lawyer to file for divorce or to be a party to a divorce case in Turkey.

However, divorce cases may not consist solely of the divorce decree itself. The legal consequences of claims regarding custody, alimony, compensation, property regime, and other demands can persist for many years.

Therefore, especially in contested divorce cases, having the legal situation evaluated by an attorney before filing a lawsuit or responding to the opposing party can help in gaining a more accurate understanding of rights and obligations.

How Much Are Divorce Lawyer Fees?

There is no single fixed amount for a divorce attorney's fee. In determining the legal fee, factors such as the nature and scope of the case, the demands of the parties, the estimated workload of the file, and the legal procedures to be carried out are taken into consideration.

Furthermore, Union of Turkish Bar Associations Minimum Wage Tariffis one of the important legal regulations taken into account in determining attorney fees.

Rather than providing a fixed figure on the website that is subject to change, the current Minimum Wage Tariff for Attorneyship taking into account, it is a more accurate approach to determine the attorney's fee separately based on the scope of the specific case.

For the current Minimum Wage Tariff, the relevant page of the Union of Turkish Bar Associations can be reviewed.

What to Consider When Choosing a Divorce Lawyer?

When choosing a lawyer for a divorce case, it is not sufficient to merely ask whether they can “file a divorce case.”

When choosing a lawyer;

experience in family law and divorce cases,
the ability to understand the specific characteristics of the case,
clearly explaining legal risks,
providing accurate guidance regarding evidence,
evaluating related matters such as custody, alimony, and compensation together,
regular communication with the client,
formulating the litigation strategy based on the specific facts of the case

are important factors.

Since every divorce case is unique, one should not assume that a method applied in another person's case will yield the same result in a different file.

What Information Is Evaluated During the Initial Consultation in a Divorce Case?

During the initial evaluation of a divorce file, the entirety of the incident should be presented as thoroughly as possible.

The following information may be of particular importance:

Date of marriage,
ages of the children, if any,
whether the spouses live separately,
events leading to the divorce,
income and economic status of the parties,
current real estate and vehicles,
bank accounts and other assets,
previously filed lawsuits or applications,
allegations of violence or threats,
existing evidence,
claims for alimony, custody, and compensation,
whether the parties have reached an agreement on an uncontested divorce.

By evaluating this information, potential legal remedies can be determined.

Legal Counsel with a Divorce Lawyer

Obtaining legal counsel before filing for divorce can help individuals better understand their circumstances and potential legal consequences.

In particular;

"Is an uncontested divorce or a contested divorce more appropriate?"

"What factors are important regarding child custody?"

"Can I claim alimony?"

"Which assets are divided in a divorce?"

"Can I claim compensation (damages)?"

"What happens if my spouse does not want a divorce?"

"What evidence can I use in a divorce proceeding?"

Answers to such questions may vary depending on the specific circumstances of each individual.

Therefore, rather than relying on general information found on the internet, it is advisable to obtain personalized legal counsel by evaluating the specific details of the case.

Frequently Asked Questions

Who can file for divorce?

A divorce action may be filed by either spouse who wishes to terminate the marital union. The legal grounds upon which the action will be based and how the claims will be asserted must be determined according to the specific characteristics of the case.

My spouse does not want a divorce; can I still get divorced?

One spouse's reluctance to divorce does not mean that a divorce is impossible under all circumstances. If the conditions for one of the grounds for divorce regulated by law are met, it is possible to file a contested divorce case. However, the outcome of the case is evaluated based on the grounds asserted and the evidence presented in the case file.

What is required for an uncontested divorce?

An uncontested divorce requires the spouses to agree on the consequences of the divorce and the fulfillment of the conditions stipulated by law. It is particularly important that the financial consequences of the divorce and, if applicable, the custody and welfare of the children are regulated in a clear and enforceable manner.

Can an uncontested divorce protocol be prepared without a lawyer?

The parties may draft the protocol themselves. However, a provision in the protocol could potentially lead to a loss of rights or a new dispute in the future. Therefore, having the protocol reviewed from a legal perspective before signing it can be beneficial.

To whom is custody of the child granted in a divorce case?

The primary consideration regarding child custody is the best interests of the child. Many factors, such as the age of the child, their needs, their relationship with their parents, and living conditions, are evaluated together.

Can alimony be granted in a divorce?

Depending on the circumstances of the specific case and the fulfillment of legal requirements, different types of alimony may come into question. Which alimony can be requested and how its amount will be determined are evaluated based on the economic and social status of the parties and other conditions.

Can compensation be claimed in a divorce case?

Pecuniary and non-pecuniary damages (compensation) may be claimed if the conditions stipulated by law are met. The basis of the compensation claim, fault status, damages, and other legal conditions must be evaluated based on the specific case.

Is property division handled during a divorce case?

The division of property acquired during the marriage is evaluated according to the applicable property regime and the legal nature of the assets. The liquidation of the property regime upon divorce is not the same legal proceeding, and certain property division disputes may be handled separately.

How long does a divorce case take?

The duration of the lawsuit varies depending on whether it is uncontested or contested, the evidence, witnesses, the parties' demands, the court's workload, and other specifics of the case. Therefore, it is not possible to give a definitive timeframe for every case.

Is it mandatory to retain a lawyer in a divorce case?

No. However, since divorce cases involve not only the divorce decree itself but also significant consequences such as child custody, alimony, compensation, and property division, obtaining legal representation can be important for the protection of your rights.

How are divorce attorney fees determined?

Attorney fees are determined based on the scope of the specific case and the legal proceedings to be carried out. In addition, the current Minimum Wage Tariff of the Union of Turkish Bar Associations is taken into consideration.

What documents are required for a divorce case?

Required documents may vary depending on the nature of the case and the claims asserted. Identification details, marriage information, information regarding children, and existing evidence may be important during the initial evaluation. Depending on the specifics of the case, additional documents and records may need to be obtained.

Should I consult an attorney before filing for divorce?

Particularly in cases involving contested divorce, child custody, alimony, compensation, or property disputes, obtaining a legal assessment before filing a lawsuit can help determine the appropriate course of action.

Legal Support in Divorce Law

Every step taken during the divorce process may not yield the same legal outcome. An agreement made, a protocol prepared, an allegation raised, or evidence submitted prior to filing the lawsuit can have a significant impact on the subsequent proceedings.

Therefore, individuals deciding to divorce, especially in situations involving child custody, alimony, compensation, property division, or other financial claims,, it is important to evaluate the legal consequences of the litigation process in advance.

Batın Yılmaz Law Firm, based in Beylikdüzü, Istanbul , we evaluate the specific circumstances of each case in divorce and family law disputes, advise our clients on their legal status and available legal remedies, and provide legal representation from the initiation of the lawsuit through the finalization of the judgment when necessary.

To receive a legal evaluation regarding your divorce process, please contact us contact you may.

Legal Disclaimer: The information on this page has been prepared for general informational purposes. The legal path to be applied in divorce cases may vary depending on the specifics of the case, the parties' demands, the evidence, and current legislation. General information available on the internet does not constitute specific legal advice or legal services.