FAMILY LAW

"Divorce is a legal process related to the termination of a marital union and involves a highly emotional and complex legal journey. For many, the divorce process is a path guided by a divorce lawyer. In this article, we will address important issues such as the process of filing for divorce, fast divorce, mutual consent divorce, contentious divorce, property division, children, and housing.

Filing for Divorce and Starting the Process
The divorce process begins with one party requesting to file for divorce. A divorce lawyer can guide the client’s case, protecting their rights and managing the process in the most appropriate way. In Turkey, divorce cases are heard in Family Courts, and the disputes between the parties are resolved through a court decision.

Mutual Consent Divorce
Mutual consent divorce occurs when both spouses are in full agreement on the divorce, often resulting in a quicker and less stressful solution. If the parties have agreed on issues such as property division, child custody, and alimony, they can formalize this agreement with the help of a divorce lawyer. Fast divorce is typically achieved through mutual consent, as the divorce decision can be made within a certain period after filing with the court. This process is shorter and less costly compared to protracted contentious divorce cases.

Contentious Divorce
Contentious divorce occurs when there are serious disagreements between the parties. These cases tend to be more prolonged and complex as the demands of both parties are brought before the court, and the judge listens to both sides' claims. In contentious divorces, particularly on matters like property division, child custody, and alimony, there can be intense disputes. In these cases, a divorce lawyer defends the rights of both parties and ensures the client is represented in the best possible way.

Property Division
Property division is one of the most critical aspects of divorce cases. In Turkey, the division of property owned by the spouses during marriage is determined under the legal property regime, which is the sharing of acquired assets. If disagreements arise between the spouses, a divorce lawyer works to ensure a fair division by defending the client's rights in the best way possible. In some cases, different provisions may apply to property division through private contracts or agreements.

Children’s Custody
One of the most sensitive issues in divorce cases is the custody arrangements for children. Child custody is often a topic of discussion in divorce cases. When there is disagreement between parents, the Family Court makes a decision based on the child's best interests. At this point, a divorce lawyer takes the necessary legal steps to ensure the client’s custody rights are protected.

Alimony is also an important part of divorce. Child support for children and spousal support to ensure the other spouse's living expenses can be a significant area of contention between the parties. A divorce lawyer provides legal support in determining the alimony and arranging the payment terms.

Home and Other Properties
One of the most common issues in divorce is the division of the home. If the couple purchased a home during the marriage, how this home will be divided becomes a significant matter within property division. The sale of the home or decisions regarding who holds which assets can also affect the outcome of the divorce case. A divorce lawyer works to find the most appropriate solution while protecting the financial and emotional interests of the client during this process.

The divorce process can be complex and emotionally challenging. However, working with the right divorce lawyer helps to make the process more efficient and fair. While mutual consent divorce offers a quick resolution, contentious divorce can be a longer and more challenging process. With expertise in property division, children’s custody, housing, and alimony, a skilled lawyer ensures that the rights of the parties are protected and the legal process is managed in the best possible way. Divorce is not only the end of a relationship but also a new beginning for both parties."