A divorce lawyer is mostly in charge of divorce cases and thus experienced through his legal practise over years. An experienced divorce lawyer can give a rest and comfort to his clients during that challenging and painful period of their lifetime.
Professional legal assistance is essential even for the cases between the civilized spouses who have mutual agreement on basic terms. Taking legal advice before marriage and conclude a written pre-marriage agreement solves the future problems in most cases. Likewise a little professional help even in the uncontested divorce cases may eliminate any possible future disputes between the divorced wives and husbands.
A divorce lawyer should listen to the party who consults him and understand the merits of the case perfectly (if there is any). In order to achieve this task he should dig into the details which are sometimes seems meritless from the client’s perspective.
While listening and understanding those endless complaints, a divorce lawyer may have to behave like an acting psychologist. This is why patience and attention are the most distinctive attributions of a divorce lawyer.
A divorce lawyer, following his thorough examination, should decide on the legal ground for divorce before filing his petition to the court. In some cases individuals are not aware of the difference between a divorce case and nullity suits. In short, nullity lawsuits seek for a declaratory judgment proving the facts which will result in the voidness of marriage. While the court decides on whether to end a marriage in divorce cases, in a lawsuit for nullity the question concern the court is whether the marriage is concluded properly or not. In the latter option, the marriage was not emerged at first place and can not be a subject to a divorce case. A mental disorder for instance, is deemed as a valid reason for both divorce or nullity lawsuits in Civil Code depending on whether it appears before the marriage ceremony or later on.
Legal Grounds For A Divorce In Turkey
- Attempted murder, ill-treatment or degrading behaviour
- Conviction of a crime and/or dishonourable way of life
- Mental disorder
- Deteriaration of conjugal community
Once your divorce lawyer decides if there is a valid legal ground in order to file a divorce case, the next task is to define your demands against the contested spouse in his petition. Demands for compensation of pecuniary and non-pecuniary damages, parental rights, alimony and maintenance allowance are the basic subject terms for claims in a divorce case. Note that, you can not demand the dissolution of property regime within the same petition and those claims can not be decided before a finalized divorce verdict. But, any claim regarding the delivery of possesions or wedding gifts such as money, gold or jewelry may be demanded in the same petition demanding divorce. Drafted petition should be provided to the client beforehand in order to sort out any undesirable wording or wrongly put facts. The possibility of making a peace and a voluntary nonsuit between the spouses should be kept in mind.
CONTESTED OR UNCONTESTED DIVORCE?
Any person considering a divorce should bear, the length of a typical lawsuit in Turkey, in mind and should decide wisely. The process of a uncontested case may be fruitful when both parties have healthy legal help from professionals. This way a written agreement (protocol for uncontested divorce) might be concluded with regard to mutual concept and be delivered to the court for approval. Both parties should joint the hearing and testify the protocol provisions before court. Lacking the possibility of a mutual understanding on divorce and related legal issues cause a contested case. In conclusion, parties should seek a solution to end the unsuccessful marriage with their free wills and common sense and should avoid a contested divorce unless there are not any compelling reasons. Including friends to the case as witnesses and exposing the dirty laundries of each others before court is a painful (and long) process which does not guarantee a divorce decision in short period.
CHOOSING THE LAW AND COURT?
Transnational marriages between the nationals of two different countries may be dissolved by a court verdict of both countries where they married in or have been living according to the provisions of the governing law. In that case a spouse who seeks for divorce should decide the country (and the law) in which he or she to file a petition at first. When to decide, all pros and cons of the preferred law and up and downs of the chosen countrys legal system should be cross-examined. Also note that you may not have the choice at all according to legal regulation of the countries which may ban the competency of a foreign court. Filing the divorce case where family permanent domicile should be the first option because of practical reasons.