Divorce Lawyer Küçükçekmece

DIVORCE LAWYER

Divorce Lawyer : Divorce cases are a type of lawsuit within family law that directly affects spouses (husband and wife) and, if any, their children. Divorce cases determine the outcome of the divorce but also involve issues such as custody, compensation, alimony, wedding gifts, and property division.

Divorce cases can be divided into two categories: amicable divorce cases and contested divorce cases.

Mutual Divorce Cases

For an amicable divorce to be possible, the spouses must have been married for one year since their official marriage date, and both spouses must agree on the divorce itself, as well as on issues such as custody, alimony, compensation, wedding jewelry, property division, and, if there are children, the parent without custody's right to personal contact with the child. This agreement must be formalized in a protocol. The parties must also verbally accept this protocol in court on the hearing date. If one spouse fails to attend the hearing or withdraws from the protocol, the divorce will not be granted. If there are children, the judge will consider decisions in the child's best interest ex officio and, as is common in amicable divorces, may decide to increase child support payments and ask the parties if they agree to this arrangement.

Contested Divorce Cases

The Civil Code divides grounds for divorce into two categories: general and specific grounds. In contested divorce cases, the party seeking a divorce can file a lawsuit and request a divorce based on either the general or specific grounds specified in the law. In contested divorce cases, the spouse filing the lawsuit based on general or specific grounds is responsible for proving the faults of the other spouse within the marriage.

If the spouse who is the defendant has verifiable claims regarding the marriage, they can file a counterclaim against the spouse who initiated the divorce proceedings.

contested divorce cases,sometimes even when both parties want a divorce, they cannot agree on issues such as custody, alimony, compensation, and property division, and these disputes continue within the contested divorce proceedings.

The Importance of a Lawyer in Divorce Cases

In the Turkish legal system, there is no legal obligation to hire a divorce lawyer for divorce cases. Anyone wishing to divorce can defend themselves in court and request a divorce from the judge. However, due to certain technical aspects of the divorce process and the potential outcomes, seeking assistance from a specialist divorce lawyer is in the best interest of both parties.

Divorce cases are detailed legal proceedings with significant consequences. Therefore, a divorce lawyer provides you with all the necessary information about the possible outcomes for each scenario.

A divorce lawyer emphasizes  the importance of thoroughly understanding and defining the reasons for divorce, preparing the petitions accordingly, clearly outlining evidence, knowing what can be used as evidence and presenting it within the specified timeframes, and closely monitoring deadlines throughout the divorce proceedings.

According to the Code of Civil Procedure, divorce cases are subject to significant deadlines. Failure to meet these deadlines can result in the loss of certain rights. For example, a party who fails to submit their witness list or evidence within the deadline, or who misses or forgets to do so, will no longer be able to present witnesses or evidence and will lose these rights. lawyer ,  will allow your lawyer to handle all the technical details on your behalf, helping you navigate this process with minimal financial and emotional strain.

If a divorce case is dismissed due to technical reasons, the parties will not be able to file another case for the same reason for three years. a divorce lawyer , and the case is dismissed due to procedural or substantive errors made by the parties, they will lose their right to file a lawsuit for the same reason for three years and will have to wait another three years before they can file a new case.