Divorce Lawyer in Ankara

Uncontested divorce is one of the general grounds for divorce regulated in Article 166/3 of the Turkish Civil Code. Provided that the marriage has lasted at least one year and the parties are in full agreement on the protocol, it may be concluded in a single hearing. Drafting of the reasoned judgment and its becoming final take additional time.

The decisive factor is the best interests of the child. Where custody is disputed, the court orders an assessment by a child development specialist; the report the specialist prepares after interviewing the child and the spouses is called a social investigation report (SİR). The fact that one parent is financially better off is not, on its own, decisive for custody.

Interim maintenance paid during the proceedings, post-divorce maintenance for a spouse in need, which becomes collectable once the divorce becomes final, and child support for a common child may be claimed. The judge cannot award post-divorce maintenance of their own motion; this maintenance may also be claimed within a limitation period of 1 year from the date the divorce judgment becomes final.

If the spouses have not chosen another matrimonial property regime, the regime of participation in acquired property applies, and each spouse is entitled to half of the surplus value belonging to the other spouse. In a divorce, the matrimonial property regime ends with effect from the date the action was filed; liquidation is carried out by agreement or, failing agreement, through a liquidation action brought before the family court.

A person who has suffered violence or is at risk of violence may request protective and preventive measures under Law No. 6284. A protection order may be requested from the most quickly and easily accessible local judge, the district governor or a law enforcement unit; the Law provides that no evidence or documentation that violence has occurred is to be required for protective measures.