Divorce lawyer in Bakırköy

Where to start

A divorce raises questions about where the children will live, how living expenses will be met and how assets will be assessed. Start by separating the events, available documents and requests. I practise family law at my office opposite Bakırköy Courthouse. An initial meeting helps establish the legal framework and identify missing information.

Agreed or contested divorce?

An agreed divorce under Article 166(3) of the Turkish Civil Code requires, among other conditions, a marriage lasting at least one year, the spouses expressing their wishes personally before the judge, and judicial approval of the arrangements for financial consequences and the children. Signing an agreement alone does not end a marriage.

If the spouses cannot agree on divorce or its consequences, contested proceedings may be necessary. The legal ground, the dates of the events and the evidence matter. One spouse’s objection does not by itself prevent the other from bringing a claim; the court examines the statutory conditions. A marriage lasting less than one year does not qualify for agreed divorce under Article 166(3), although another legal ground may be relevant.

Which court has jurisdiction?

Family courts hear divorce cases. Under Article 168, territorial jurisdiction is generally based on either spouse’s place of residence or the place where the spouses last lived together for at least six months before the proceedings. Consulting an attorney in Bakırköy does not mean that every case must be filed there. Residence, previous proceedings and any jurisdiction objection must be considered. If documents have been served, response deadlines need prompt attention.

Events, allegations and evidence

An event occurring and its being proved in court are distinct questions. Specific allegations, dates and evidence should be consistent. What a witness directly observed differs from what they were told.

Messages, medical records, police documents, bank records and witness accounts may be relevant. Evidence must be obtained lawfully. Unauthorised access to another person’s account or covert recording does not become lawful simply because it is intended for litigation. Preserve originals, dates, senders and context; a screenshot alone may not establish the full circumstances.

Custody and contact with children

The child’s best interests govern custody decisions. Age, continuity of care, health, education, relationships and actual living conditions are considered. A sufficiently mature child’s views may also be taken into account. Interim custody and contact arrangements can be made during proceedings; parental agreements remain subject to judicial review. Read the custody guide.

Maintenance and compensation

Interim maintenance during proceedings, post-divorce maintenance for a spouse and child maintenance serve different purposes and have different conditions. Income, needs and ability to pay must be assessed in relation to the relevant claim.

Financial and non-financial compensation are considered under Article 174. Fault, loss of existing or expected interests and infringement of personality rights involve distinct assessments. Divorce does not automatically create an entitlement to every payment. Read about maintenance.

Does a divorce judgment divide the assets?

Divorce and liquidation of the matrimonial property regime are separate matters. A divorce judgment does not automatically divide all assets acquired during marriage. The applicable regime, acquisition dates, classification of assets, debts and contributions require further examination.

If divorce is granted, the property regime ends with effect from the date the divorce proceedings were filed (Article 225). This is different from the relevant valuation date. Property proceedings may be brought while divorce proceedings are pending, but liquidation may depend on the divorce judgment becoming final. A broadly worded waiver in an agreement can lead to later disputes. Read the matrimonial property guide.

Protection in cases of violence

Where violence is involved, safety needs are considered separately from divorce. Protective and preventive measures under Law No. 6284 do not require a divorce claim to have been filed. In immediate danger, contact 112 or the police. The scope, duration, notification and any breach of a protective order require attention.

Duration and costs

The duration depends on service of documents, court workload, disputed issues, witnesses, expert reports and appeals. An agreed divorce also requires a hearing and completion of the steps needed for the judgment to become final.

Court expenses and attorney’s fees are separate. Fees, expense advances and required examinations depend on the case. The scope of the work and fees should be clarified at the initial meeting. Bar-association legal aid and an application to the court for legal aid are distinct procedures.

Preparing for an initial meeting

Bring a short chronology, the marriage date, the children’s ages and available documents. If proceedings already exist, include pleadings, documents served on you and court orders. The date of service is particularly important.

Gather known property, vehicle, banking, company, loan and debt information separately. The question is which records can be investigated, rather than treating an unverified account as an established fact. Contact the office.