amicable divorce

MUTUAL DIVORCE

  What is an amicable divorce? An amicable divorce means the termination of a marriage by mutual agreement between the husband and wife. In an amicable divorce, the husband and wife want to divorce and agree on all the legal consequences, both material and emotional, arising from the divorce. Divorce cases conducted in this manner are referred to as amicable divorce cases.

How can an amicable divorce be filed? Divorce cases require fulfilling the "conditions for amicable divorce" as defined in the Turkish Civil Code No. 4721. For individuals who do not meet these conditions, an amicable divorce is not possible. An amicable divorce case is non-contentious, but if the conditions for an amicable divorce are not met, the divorce case will be contested.

How to file for an amicable divorce? An amicable divorce is a type of divorce that allows the parties to divorce quickly. To file for an amicable divorce, an amicable divorce petition must be prepared and submitted to the competent court. The courts responsible for divorce cases are family courts. In places where there are no family courts, the competent court is the civil court of first instance. A husband and wife who have decided to divorce can file for divorce in the family court located in the place where they have resided for the last 6 months. But what if the spouses have resided in different places for more than 6 months, for example, the wife in Bitlis and the husband in Gaziantep? In such cases, where the spouses have resided in different places for more than 6 months, the divorce case must be filed in the court of the place where the defendant resides.

How long does it take for an amicable divorce case to be finalized?  Amicable divorce cases are the quickest to conclude. If all legal processes are followed correctly, an amicable divorce case can be completed within 1 to 4 months.

Is a lawyer necessary in an amicable divorce case? While it's not mandatory for couples seeking an amicable divorce to hire a lawyer, it is crucial for both the swift dissolution of the marriage and the fair and equitable division of assets. Hiring a lawyer specializing in family law is vital for both the successful and efficient dissolution of the marriage.