Expertise
Family & Divorce Law
Family law is a broad field with many personal and financial consequences — the formation, continuation and ending of marriage, along with divorce, custody, alimony, property regimes, jewellery claims, the family home, parentage, adoption, guardianship and protection against domestic violence. These disputes affect not only the parties’ legal position but also the best interests of children, financial futures and family order. Obtaining legal support from the first moment helps prevent loss of rights.
How Does a Divorce Proceed?
Divorce cases generally proceed through the petition, response, preliminary examination, investigation, collection of evidence, witness hearings, a social investigation report, judgment and appeals. The petition forms the foundation of the case; allegations of fault, why the marriage has broken down and the facts relied upon must be set out clearly and systematically.
Submitting evidence at the right time and lawfully is decisive. Message records, photographs, social media content, bank and hotel records, police reports, medical reports and witness statements are assessed according to the case. In custody disputes the court may obtain a social investigation report to evaluate the child’s best interests; this report is important evidence but is not binding on its own. Appeals are available where their conditions are met.
Uncontested and Contested Divorce
An uncontested divorce is possible where the spouses agree on the divorce and all its consequences (custody, alimony, compensation, property division, jewellery, the family home, contact) and the marriage has lasted at least one year. A clear, detailed and workable protocol prevents future disputes and enforcement proceedings.
In a contested divorce the parties disagree on the divorce or its consequences; fault, evidence and claims are examined throughout. Besides the general ground of irretrievable breakdown, special grounds such as adultery, attempt on life / cruel or degrading treatment, committing a crime or leading a dishonourable life, desertion, mental illness and de facto separation may also be relied upon.
Custody and Contact
Custody is determined solely by the best interests of the child. The court considers the child’s age, development, education, relationship with each parent, care conditions, sibling relationships and psychological needs. A change of custody may be sought if circumstances change; joint custody may be requested where conditions allow.
Contact is arranged between the child and the parent without custody. It may cover weekends, public holidays, religious holidays, mid-term breaks, the summer holiday and special days. Where the child’s best interests require, contact may be limited, altered or supervised.
Types of Alimony
Amounts are set considering not only declared income but also the parties’ standard of living, assets, actual income and needs. The main types are:
- Interim maintenance: temporary support for the economically weaker spouse or the children during proceedings
- Child support: the non-custodial parent’s contribution to the child’s care, education and health costs
- Poverty alimony: for the spouse who would fall into poverty and is not the more-at-fault party
- Increase/reduction/removal: adjustment of maintenance when economic circumstances change
Compensation, Fault and Property Regime
The less-at-fault or blameless party may claim pecuniary compensation where their interests are harmed, and non-pecuniary compensation where their personal rights are violated. The finding of fault directly affects both the divorce and the compensation and alimony claims.
Unless agreed otherwise, the statutory regime for marriages after 2002 is participation in acquired property. On liquidation, real estate, vehicles, bank accounts, company shares and savings acquired during the marriage are examined; participation, value-increase and contribution claims may arise. Wedding jewellery and the family home (and its annotation) are also frequent disputes.
Domestic Violence and Protection Orders
Domestic violence may be physical, psychological, economic, sexual or digital. For victims or those at risk, protective and preventive measures such as removal, no-contact, removal from the shared home, non-approach and surrender of weapons may be requested.
A restraining order prevents the perpetrator from approaching the victim, children, home, workplace or school. Breach may lead to coercive detention, so filing correctly and following up on enforcement is important.
Parentage, Adoption and Guardianship
Parentage cases seek to establish, change or deny the legal bond between a child and a parent, including paternity actions and denial of parentage. DNA analysis, civil registry records and evidence of the parties’ relationship are important here.
Adoption, assessed on the child’s best interests and statutory conditions, has significant effects on custody, inheritance and civil registry. Guardianship, the appointment of a guardian and, where needed, a trustee (kayyım) for minors or persons requiring protection are also part of family law.
Foreign Elements and Recognition-Enforcement
Where one party is foreign, the marriage or divorce took place abroad, or the children are in different countries, private international family law applies. International custody disputes, child abduction claims and divorce from a foreign spouse are assessed in this context.
For a divorce granted abroad to have effect in Turkey, recognition or enforcement proceedings are required. The foreign judgment, its finality, apostille, translation and procedural requirements must be carefully assessed.
Our Family Law Services
Depending on the dispute, our main services include litigation, advisory, protocol drafting and negotiation:
- Contested and uncontested divorce; protocol drafting and representation of the respondent
- Custody, change of custody and arrangement of contact with the child
- Interim, child and poverty alimony; increase/reduction/removal of maintenance
- Pecuniary and non-pecuniary compensation; jewellery and wedding-gift claims
- Liquidation of the property regime; participation, contribution and value-increase claims
- Family-home annotation and protection/restraining orders against domestic violence
- Parentage, paternity and denial of parentage; adoption; guardianship and trustee matters
- Recognition and enforcement of foreign divorce judgments; international family disputes
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Family & Divorce Law
An uncontested divorce is usually concluded quickly, often in a single hearing. A contested divorce takes longer due to the collection of evidence and witness hearings, depending on the court’s schedule.
No. The sole criterion is the best interests of the child. While the needs of very young children are taken into account, every case is assessed on its own circumstances.
Yes. If there is a substantial change in the parties’ financial situation, an increase, reduction or removal of maintenance can be requested in separate proceedings.
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