The family institution is the most important element that makes up the society. The family, which is the core of the society, is the institution regulated and protected by the legislator with the Turkish Civil Code and other laws. The legal procedure to be followed by the spouses when the family and marriage union is to be terminated is also defined by law, and if the necessary conditions are met, it will be necessary to file a divorce case by applying to the competent and authorized court. Divorce cases are not the types of cases in which the spouses are obliged to follow up personally. The parties can have themselves represented in the most accurate and effective way by contacting an experienced divorce lawyer in order for the case to manifest in the desired outcome and to avoid loss of rights and interests in the process.
What Does a Divorce Lawyer Do?
In Turkey, a divorce lawyer can carry out the litigation process by acting as a proxy for the defendant or the plaintiff in the divorce case, or he can also provide legal information by providing legal advice to the parties. It takes an active role in all family legal transactions and lawsuits, including divorce, property division, custody, alimony, separation proceedings, recognition and enforcement processes.
It is an undeniable fact that the divorce process has devastating effects for the parties and their joint children. Because the parties could experience attrition due to divorce, it is extremely important to act together with a divorce lawyer who is an expert in his field and has increased his experience with precedent cases in order to ensure that this process proceeds in a healthy way and completed in a short time.
A divorce lawyer plays a major role not only in the litigation process, but also in the preparation for the divorce. The divorce lawyer listens to the events and situations in detail and, based on the information expressed to him, determines the events and situations that may constitute the basis for the divorce and starts his preparations and studies. For example, if it is necessary to take a decision of suspension, he requests a suspension. He collects evidence in a way that will serve the interests of his client and expresses the facts and situations that can be accepted as valid grounds for divorce with a clear and strong language.
The reason to be based on in the divorce case is very important because at least one of the limited number of divorce grounds stated in the law must be based on. Otherwise, the case is dismissed. The divorce lawyer continues to work in a way that will protect the benefit and interest of his client by determining which reason for divorce should be based on during the preparation process of the case.
Power of Attorney in Divorce
Since divorce cases are a case that directly concerns the institution of the family, it is one of the types of cases in which the lawmaker emphasizes with importance and sensitivity and consequently made regulations. In this respect, it is not possible to handle divorce cases with a general power of attorney. If the person will give power of attorney to the divorce lawyer whom he/she wants to represent him/her, the power of attorney issued at the notary must contain a regulation stating that the power of attorney is given for the execution of the divorce proceedings.
How Long Do Divorce Cases Take in Turkey?
The duration of the divorce case in Turkey varies depending on whether the case is uncontested or contested. Uncontested divorce cases are usually the cases that are concluded in a single session and the finalization process takes between 1 and 3 months. The situation is different in contested divorce cases. There are many factors that affect the duration of the contested divorce case, which takes much longer than the uncontested divorce cases.
Many reasons, especially the reason for the divorce on which the divorce case is based, the workload of the court where the case is held and the content of the proceedings, whether the case is followed by an experienced divorce lawyer, and the status of witnesses and evidence, directly affect the duration of the divorce.
Divorce Lawyer Fees in Turkey
When it comes to divorce lawyer fees in Turkey, it is not possible to talk about an exact fee. Because there are many factors that affect the fee to be demanded by the lawyer. For example; Issues such as the workload, duration and scope of the lawsuit to the lawyer, the variety of work to be done during the lawsuit process, and whether an external lawsuit will be filed in the name of property sharing will directly affect the fee to be demanded by the lawyer. The attorney’s fee is determined freely between the attorney and the individual by taking into account the attorney’s minimum wage tariff. In the case of divorce, the costs of litigation also vary according to the scope of the case. There are different fees and payments for both uncontested and contested divorce cases. Since the legal process is shorter in uncontested divorce cases, the cost of litigation is generally lower compared to contested divorce case.
