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Family and Divorce Law
Family and Divorce Law
Family Law, a branch of Civil Law, regulates family relationships within a legal framework. Included in the Second Book of the Turkish Civil Code, Family Law covers Marriage, Divorce, Engagement, General Provisions of Marriage, Property Regimes Between Spouses, Establishment of Lineage, Recognition and Paternity, Adoption, Custody, Alimony, Guardianship, and Trusteeship.
The legal termination of a marriage is called Divorce. Divorce may be referred to by various terms, such as annulment of marriage or the dissolution of marriage.
Divorce in Family Law
In the Family Law section of our Civil Code, certain grounds are required for a divorce to take place. These are divided into two categories: general and special grounds for divorce. If the reason for divorce is based on a specific fact, it is considered a “special ground for divorce,” whereas if it is not based on a specific fact, it is considered a “general ground for divorce.”
The party seeking a divorce must rely on either a general or a special ground for divorce.
General Reasons for Divorce
The breakdown of the marital union is considered a general ground for divorce, as stated in Article 166 of the Turkish Civil Code (TCC).
With changing life circumstances, the scope of general grounds for divorce has diversified. For example, refusing to allow a spouse to work, cursing, being miserly, or isolating the spouse from social environments are also recognized as general grounds for divorce.
Special Grounds for Divorce
The specific grounds for divorce listed in the law are as follows:
- Divorce proceedings on the grounds of adultery (TMK Article 161)
- Divorce proceedings on the grounds of abandonment (TMK Art. 164)
- Divorce proceedings due to mental illness (TMK Article 165)
- Divorce proceedings on the grounds of attempted murder, gross misconduct, or humiliating behavior (TMK m. 162)
- Divorce proceedings on the grounds of committing a crime and leading an immoral life (TMK Article 163)
If a divorce case is filed based on both special and general grounds, the resulting legal consequences differ. Therefore, it must first be determined whether any special grounds for divorce exist. If a special ground exists, the case should proceed based on that ground. If the special ground is not established or the right to file a case based on it has lapsed, the evidence should then be evaluated within the framework of general grounds for divorce, and a decision should be made accordingly. (Court of Cassation, 2nd Civil Chamber, Case No. 2009/8440, Decision No. 2010/12941, Date: 29.6.2010)
Divorce Lawyer
When representing a client who wants to get divorced, the lawyer is responsible for gathering initial information, collecting evidence (including material evidence), preparing the necessary documents, negotiating agreements, and defending the client in court. Time is of the essence in such cases. Therefore, the lawyer must conduct the proceedings quickly and effectively in favor of the client.
Denial of Paternity in Family Law
The maternal lineage between mother and child can be easily established at birth. However, the paternal lineage is not as easily determined. Scientific methods can be used to establish paternity, but for the father to be accurately identified, the biological father must participate in the test. Our law addresses the difficulties in determining the father through the “presumption of paternity.” Under this presumption, a legal parent-child relationship is established between a child and the person married to the mother.
For detailed information on contesting paternity, you can refer to our article on the paternity denial lawsuit.
Amicable divorce and contested divorce cases shall be initiated by submitting a petition to the competent family court. Please contact us for detailed information.
To file for divorce by mutual consent, you will need the petition, divorce agreement, and proof of payment of court fees. The parties’ identification documents will also be required during the hearing.
Mutual consent divorce cases vary depending on the court’s workload. They are usually finalized within 1-3 weeks.
You must apply to the competent family court to file for divorce. If you have no knowledge of the process, we recommend that you consult a lawyer.
The party filing for divorce is required to pay the lawyer’s fees. In cases of divorce by mutual consent, the parties may agree among themselves who will pay the lawyer’s fees.
According to the Recommended Minimum Fee Schedule published by the Istanbul Bar Association, the fee for an uncontested divorce case is 9,000 TL, while the fee for a contested divorce case is 14,000 TL.
In divorce cases by mutual consent, the parties must agree on issues such as alimony, material compensation, moral compensation, and child custody. If alimony is determined, the amount of alimony must be written in the protocol. The parties are free to agree on the amount.
In divorce cases, the competent court is the court of the place of residence of one of the spouses or the court of the place where they last lived together for at least six months prior to the case. In consensual divorce cases, the parties may file a case anywhere.
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