K&D Law Firm handles very complex divorce matters with its divorce law attorneys in Istanbul, Turkey including equitable distribution, child custody, compensation and other conflicts in divorce law.
İstanbul K&D Law Firm, with its team of specialists as divorce lawyers, gives any kind of legal counselling and attorney-at-law services with respect to the contested and uncontested divorce suits including the compensation, the alimony, the guardianship due to the legal marital breakdown.
In accordance with the Turkish Civil Code, the other spouse can file for a divorce lawsuit in cases of one of the spouses committing adultery, attempt against life, ill treatment and indignity, a crime and living a dishonourable life, leaving the communal residence without good cause, and having a mental illness. As, in case of irremediable breakdown of marriage in which having a communal life is not possible, either one of the spouses can file for a divorce lawsuit, the uncontested divorce lawsuit can be filed with having an agreement between the spouses. The spouses can demand a seperation instead of a divorce in the existence of the above mentioned cases. When the divorce lawsuit is filed, throughout the lawsuit process, the required precautions for the sheltering, subsistence, childcare and child protection are taken by the family courts, before the conclusion of the suit, the temporary alimony can be enacted, as well as the precautions for managing the community acquisitions of the spouses are taken.
In case the grounds for divorce are proven, the judge of the family court rules on the annulment of the marriage. The woman who divorced (divorcee) takes on the maiden name, yet if she has an advantage resulting from keeping the surname of the ex-husband, she can keep using the former spouse’s surname upon her demand. The party which is driven to poverty due to the annulment of the marriage can demand permanent alimony in proportionate with the financial power of the other party in order to provide the need of subsistence. As the alimony can be demanded throughout the divorce lawsuit, it also can be demanded of the rule of the annulment of marriage. The spouse, whose current and the prospective advantages are damaged due to the divorce and who has the slighter negligence compared to the other spouse, can demand compensation from the other spouse. Also, the party whose personal rights has been violated can demand non-pecuniary damages along with the pecuniary damages.
As the lawsuit for the division of matrimonial property can filed with the divorce lawsuit, it also can be filed after the rule of the annulment of marriage. Turkish Civil Code arranges four types of the division of matrimonial property which are the regime of participation in acquired property, the regime of seperation of estates, the regime of shared seperation of estates, and the regime of tenancy by the entirety. In the case where there is no contract regarding which type of the division of matrimonial property is chosen in between the spouses, the regime of participation in acquired property is principally enforced. The acquired property is the property which are acquired for the value by the spouses during the conjugal union. These are the income from work, the income from the personal properties, the compensations taken due to incapacity to work and the payments from the social security institution etc. Each suppose is a rightful party on the half of the residual value of the properties acquired by the other spouse during the conjugal union and each suppose can demand the amount by filing a participation debt lawsuit.
As the alimony can be demanded throughout the divorce lawsuit, it also can be demanded of the rule of the annulment of marriage. The spouse, whose current and the prospective advantages are damaged due to the divorce and who has the slighter negligence compared to the other spouse, can demand compensation from the other spouse. Also, the party whose personal rights has been violated can demand non-pecuniary damages along with the pecuniary damages.
Regarding the custody of the children, guarding the child’s surplus advantage, the judge rules on considering which party can provide the pecuniary and the non-pecuniary environment in which the child’s development can occur salubriously. As the personal relationship of the party which was not given the custody with the child can be determined by the judge, the relevant party is supposed to participate in the cost of child care and education in proportion to his/her financial power.
As K&D Law Firm provides services regarding the divorce lawsuits that are only within İstanbul, the services provided by our team of divorce lawyer are summarized below:
– Opening uncontested divorce suit and preparing the protocol between partners
– Opening lawsuit for justifiable reasons including breakdown of marriage, domestic violence, cheating, abandonment etc. and preparing the protocol
– Division of joint property acquired after marriage by division of matrimonial property in the scope of property regime
– Providing legal service for custody, protection measures against violence, supplementary welfare benefits including pecuniary and non-pecuniary compensation
– Recognition and enforcement of the marriage contract or divorce decision
AREAS OF PRACTICE