Who is a Divorce Lawyer?

Introduction

A divorce lawyer refers to a lawyer responsible for handling divorce cases. Divorce is often a challenging and emotionally draining process for couples, and seeking professional legal assistance can help ease the burden during this difficult time. It’s important to note that in Turkey’s legal system, there is no official title such as “divorce lawyer.” However, this term is commonly used to refer to attorneys who represent clients in divorce cases.

Before any divorce case begins, a thorough preparation phase is essential. A divorce lawyer acts like an investigator, uncovering the key incidents and events that occurred during the marriage. This enables the lawyer to establish the legal grounds for divorce, as per the judicial system in Turkey, where divorce cases without valid grounds are typically dismissed.

Grounds for Divorce: Trial Preparation with a Divorce Lawyer

A divorce lawyer’s primary responsibility is to assess whether there are sufficient grounds for divorce. By carefully listening to the details of the marriage, the lawyer determines if any of the following grounds for divorce, as outlined in the Turkish Civil Code, are applicable:

• Adultery (Civil Code of Turkey Art. 161)
• Attempted murder, maltreatment, or severe humiliation (Civil Code of Turkey Art. 162)
• Committing a humiliating crime (Civil Code of Turkey Art. 163)
• Leading a dishonorable life (Civil Code of Turkey Art. 163)
• Desertion without justification (Civil Code of Turkey Art. 164)
• Mental illness (Civil Code of Turkey Art. 165)
• Irretrievable breakdown of the marriage (Civil Code of Turkey Art. 166)

Correctly identifying the grounds for divorce is critical, as the court will examine the case based on these factors. Therefore, thorough trial preparation with the assistance of a divorce lawyer is essential to ensure all grounds are properly established.

Divorce Case and the Role of the Divorce Lawyer

Once the grounds for divorce are determined, the divorce lawyer drafts the divorce petition accordingly. In addition to divorce, the client may have other demands, such as:

• Child custody rights
• Alimony or financial support
• Division of assets according to Turkey’s Civil Code
• Compensation for material and emotional damages

A divorce lawyer ensures that all these demands are clearly outlined in the petition.

Filing a Divorce Case: The Lawyer’s Role

After finalizing the grounds for divorce and the client’s demands, the lawyer drafts the petition based on the facts and circumstances. Once the petition is prepared, the lawyer compiles a case file that includes the necessary copies of the petition and any evidence supporting the claims.

If documentary evidence is unavailable at the time of filing, the divorce lawyer may request the court to retrieve it during the trial. Once the file is complete, the required court fees are paid, and the case is officially filed. If witness testimony is required, the lawyer will include the names, addresses, and details of the witnesses while the case file is in process or asked by the court to do so.

Divorce Case Process and the Lawyer’s Involvement

A contested divorce case in Turkey can take 1-2 years. Efficient trial preparation plays a major role in determining the case’s duration. If the grounds for divorce are well-supported with evidence, the trial can be concluded relatively quickly.

A well-prepared case file, free of unnecessary information, is essential. After the case file is submitted, the judge sends a copy of the petition to the respondent, who will submit their response. The court may also request documents from relevant institutions.

During the preliminary examination hearing, the judge reviews the case and the petitions submitted by both parties. It is crucial for the divorce lawyer to participate in this hearing, as it determines the next steps in the case, such as hearing witnesses or setting dates for further hearings.

Appeals and the Divorce Lawyer’s Continued Role

After the court issues a ruling, both parties have the right to appeal to the First Degree Appeals Court (Regional Court of Justice – Bölge Adliye Mahkemesi) if they are dissatisfied with the judgment. First Degree Appeals Court may decide Same rule applied against the ruling of First Degree Appeals Court and both parties may appeal to the Court Of Cassation (Yargıtay). If no appeal is lodged, the decision becomes final, and the necessary changes are made to the parties’ civil records.

The lawyer’s responsibility continues until the final judgment is rendered, including during any appeal processes or subsequent disputes regarding child custody, compensation, or division of assets.

Why Hire a Divorce Lawyer?

Divorce cases can be emotionally draining and legally complex, often involving multiple areas such as child custody, asset division, and spousal support. While it may be tempting for some individuals to represent themselves in court, hiring a divorce lawyer offers several key advantages:

• Expert Knowledge of Family Law: Divorce lawyers possess specialized knowledge of family law and can ensure that all legal requirements are met, reducing the risk of procedural errors or misunderstandings of the law.
• Strategic Guidance: A divorce lawyer provides strategic advice based on the specific circumstances of the case. They help clients understand the best course of action, whether that means negotiating a settlement or pursuing litigation.
• Protection of Legal Rights: The primary role of a divorce lawyer is to protect their client’s legal rights. They advocate on behalf of their client to ensure they receive fair treatment concerning child custody, alimony, and the division of assets.
• Emotional Support: Though not therapists, divorce lawyers often act as a form of emotional support, helping clients navigate a stressful and difficult time by offering clarity and reassurance.

Additional Information

Negotiation and Mediation: The Lawyer’s Role

Divorce cases don’t always need to go to trial. In many cases, the parties involved prefer to reach an out-of-court settlement. A divorce lawyer plays a crucial role in negotiation and mediation processes, working towards a resolution that satisfies both parties and avoids the stress, cost, and time involved in a trial.

• Negotiating Settlements: Divorce lawyers represent their client during negotiations, working to secure favorable terms regarding child custody, division of property, and financial support. A lawyer ensures that their client’s interests are not compromised during these negotiations.
• Mediation Representation: In mediation, a neutral third-party mediator facilitates discussion between the divorcing parties. A divorce lawyer often advises their client during these sessions, ensuring that any agreements made are legally sound and in their best interest.
• Avoiding Court: Settling a divorce through negotiations or mediation is often quicker, less expensive, and more amicable than going to court. A good divorce lawyer can help parties reach an agreement that avoids lengthy litigation.

Post-Divorce Legal Issues

Divorce proceedings don’t always end when the final decree is issued. Many legal matters may continue to arise post-divorce, and a divorce lawyer is often needed to assist with these issues:

• Modification of Custody or Support Orders: If circumstances change significantly after the divorce, such as a parent relocating or changes in financial status, a divorce lawyer can assist with modifying child custody, alimony, or child support agreements.
• Enforcement of Court Orders: Sometimes, one party may fail to comply with court orders, such as not paying alimony or violating custody agreements. A divorce lawyer can take legal action to enforce these orders and ensure compliance.
• Post-Divorce Property Disputes: Property or asset-related disputes may arise after the divorce is finalized. A divorce lawyer can help resolve these disputes and protect their client’s rights regarding property division.

Ethical Responsibilities of a Divorce Lawyer

Divorce lawyers are bound by strict ethical guidelines to ensure fair and honest representation of their clients. Here are some of the core ethical responsibilities they must uphold:

• Confidentiality: A divorce lawyer is required to keep all client information confidential. This ensures that private details about the client’s marriage, financial matters, or personal life are not disclosed to third parties or used improperly.
• Avoiding Conflicts of Interest: A divorce lawyer cannot represent both parties in a divorce case due to the clear conflict of interest. They must always act solely in the best interest of their client.
• Honest Communication: Divorce lawyers are obligated to provide honest legal advice. They must give their client a clear understanding of the risks, benefits, and potential outcomes of the case.
• Professionalism: Throughout the divorce process, a lawyer must maintain a high level of professionalism. This includes treating opposing counsel and the court with respect, as well as ensuring that the legal process proceeds as smoothly as possible.

International Divorce Cases and Jurisdiction Issues

With the rise of international marriages, many divorces now involve cross-border legal issues. A divorce lawyer must have a solid understanding of international family law, particularly in cases involving:

• Jurisdiction Disputes: One of the first steps in an international divorce case is determining which country has jurisdiction to hear the case. A divorce lawyer ensures that the case is filed in the appropriate country and in compliance with international legal standards.
• Custody Disputes Across Borders: International divorce cases involving children can become highly complex, especially when one parent relocates to another country. A divorce lawyer can help navigate international treaties, such as The Hague Convention, to ensure the best outcome for their client regarding custody.
• Division of Assets in Multiple Countries: If the divorcing couple owns property or assets in more than one country, the lawyer must work within the laws of each relevant jurisdiction to ensure a fair distribution of assets.