Family Law

– The divorce process may differ depending on the judicial system and legal procedures. In addition, factors such as whether the couple divorced consensually or contestedly, the general situation of joint children, and property division may also affect the length of the process. If the couples agree on all issues regarding the divorce (property division, alimony, custody, establishing a personal relationship with the child, etc.), the divorce case may proceed faster than expected. The consensual divorce method is generally preferred by couples because it is lower cost and more likely to be concluded in a shorter time. In practice, a consensual divorce case can usually be concluded successfully within a few months. However, if couples are experiencing major disagreements regarding divorce, the process may inevitably become longer and more complicated. In contested divorce cases, the court decides on custody, property division, alimony, etc. may spend more time resolving issues such as. In this case, divorce proceedings can often take several years in practice.

Gaining the right to custody means the right to undertake the daily care and education of the child. To gain custody rights, you can consider the following steps:

1. Showing the Child's Goodwill: The court considers the best interests of the child. To gain custody rights, you must show that you consider the best interests of the child. It is extremely important that you prove that you are prepared to meet the child's health, safety, education and emotional needs.

2. Providing a Stable Life: Courts care about the child's ability to live a stable and healthy life. Demonstrating that you have a regular job, a suitable living space, and the financial resources to meet the child's needs can help you gain custody.

3. The Ability to Be a Good Parent: The court looks for good parenting ability that can have a positive impact on the child's development. It is taken into consideration that you seriously demonstrate before the court your abilities to understand the physical and emotional needs of the child, to establish a healthy communication with the child, to discipline the child and to take part in the child's education.

4. Good Communication and Collaboration AbilityIf you are seeking equal or joint custody with your spouse during a divorce, it is important to demonstrate to the court that you have good communication and the ability to cooperate. The court ensures that the child maintains a regular and healthy relationship with both parents.

5. Respect for the Child's Wishes and Needs: If appropriate for the child's age and maturity, it is important to consider his or her views on custody. However, the child's wishes may not always be the most important factor. While the court considers the child's best interests, it also takes his or her wishes into consideration.

Yes, social media records can be used as evidence in a divorce case. However, how this will be used and how it will be evaluated may differ depending on our judicial system and court decisions. Here are some points to consider:

1. Privacy and Unauthorized Access: Before using social media records, remember that unauthorized access to another person's account is against privacy rights. It may be safer to use your own account or publicly available information.

2. Truth and Fraud: The court wants the evidence presented to be accurate and reliable. If you are going to present your social media recordings or screenshots, you must ensure that they are original and unaltered. Fraud or tampering with evidence can have serious consequences.

3. Content and Context: Social media posts or messages often take on meaning in a specific context. The court may take into account the context, language and meaning of the posts or messages. However, some content may be intended as irony or joking, so proper interpretation must be made.

4. Children and Privacy: If the divorce case is about the custody of children, content or posts regarding children on your social media accounts may also become important. The court may evaluate such content by taking into account the interests of children.

5. Timestamp and Validity: The timestamp of social media records indicates when the content was shared. This can be used to determine the chronological order of events. However, the timestamp can also be manipulated, so care should be taken.

6. Legal Representation: It is important to work with a lawyer to use social media records correctly and effectively. An attorney can tell you what types of evidence are legally admissible and how they must be presented.

            Ultimately, social media records can be used as evidence in a divorce case, but these records must be accurately presented to the court and obtained in accordance with legal requirements.

Since divorce proceedings are a strictly personal right, as a rule, they should be exercised personally by the plaintiff spouse. However, if certain conditions are met, the heirs of the deceased spouse can continue this case from where they left off. For this to happen, one of the spouses must first be dead and the divorce case must be sustainable. In other words, there must be an opportunity to prove the fault of the deceased spouse. In addition, the divorce statement written in the judgment must not be finalized, and the heirs of the deceased spouse must be determined by the judge in the post-death period.

In order for the divorce decision given by a foreign court to be valid as final judgment in our country, it is necessary to file a recognition case, and for the divorce decision in question to be enforced, an enforcement case must be filed. These two cases we have mentioned can be filed simultaneously for recognition and enforcement in the family court located in the defendant's place of residence. If the defendant does not have a known place of residence, a lawsuit can be filed in the court of the place where he resides, or if this is not available, in Ankara, Istanbul, Izmir Courts. If couples do not file a recognition and enforcement case in Turkey after getting married in a foreign country, they will still be seen as married in our country, and if they want to remarry, they will not have the opportunity to remarry because they will be prevented from marrying due to their current marriage.

In our country, women can continue to use their ex-husband's surname after divorce. According to the Turkish Civil Code, divorced women can use the surname they received during marriage or their natal surname again after the divorce. Therefore, it is up to the woman to continue using her ex-husband's surname after the divorce or to revert to her birth surname. However, one thing you should remember is that laws and official procedures must be properly followed when determining this choice. It is important that you follow the official means to change your surname. To follow this process, you may first need to apply to a civil registry office.

When custody of a joint child is left to one party, this does not mean that custody must automatically change due to remarriage. However, the custody situation may be reviewed in order to consider the child's best interests and best meet his or her needs. Remarriage may be considered as a reason for changing custody, but this may not be valid in all cases. The court takes into account the best interests of the child and all relevant factors when deciding whether to change custody of the child. These may include the child's age, emotional and physical needs, the abilities of the custodial parent, the newlywed spouse's approach to the child, and other relevant factors. So, to summarize briefly, child custody may vary, but it does not always happen automatically due to remarriage. The court will conduct a detailed evaluation in order to make the right decision while considering the best interests of the child.

You can initiate enforcement proceedings and apply to the child surrender institution accompanied by a social service officer. At the same time, in accordance with Article 344 of the EBL, a lawsuit to be filed in the enforcement criminal court may be sentenced to imprisonment for the party who does not show the joint child during the meeting days.

A consensual divorce protocol is a document signed by couples to end their marriage and organize the divorce process. This protocol may include issues such as property sharing, custody, alimony, and ownership status. Here are the steps you should take into consideration when preparing the consensual divorce protocol:

1. Get Professional Legal HelpIt is recommended that you seek professional help from a lawyer when preparing a consensual divorce protocol. The lawyer can help you understand the legal requirements and sort out all the details.

2. Make a Detailed Review: First, determine the issues that need to be addressed in the divorce protocol. Review all elements such as property division, custody, alimony, assets, debts.

3. Be Detailed and Precise: The protocol should clearly and precisely state all aspects of the agreement. Details are important to avoid future disputes between the parties.

4. Add Details for Children: If you have children, pay attention to issues such as custody, visitation rights and children's education. It is important to look out for the children's best interests.

5. Address Financial Matters: Add financial issues such as property sharing, house, car, bank accounts to the protocol. There must be a clear agreement between the spouses regarding assets.

6. Determine Alimony and Support Status: Clearly define financial issues such as alimony or child support. This can help prevent disputes in the future.

7. Professional Audit: Show the protocol you prepared to your lawyer and have it checked. The lawyer will check for legal accuracy and completeness.

8. Get the Signatures of the Parties: The protocol must be a document mutually signed by the parties. These signatures will verify the agreement and commitments.

9. Court Approval: The protocol may need to be approved by the court. Check this according to local legal requirements.

10. Keep Backup Copies: Keep signed and certified copies of your protocol. You may need to refer to it in case of any dispute in the future.

When deciding on the amount of temporary alimony in our country, the court takes into account various factors and evaluates the financial situation of the couple, income, expenses and other factors. Temporary alimony is a temporary support given to meet the needs during the divorce case. Here are some factors that the court takes into account when deciding the amount of temporary alimony:

1. Financial Situation of Spouses: The court evaluates the income and financial situation of both spouses. Income levels, salaries, assets and other financial resources are taken into consideration.

2. Expenses and Needs: The court evaluates the living expenses and basic needs of the party requesting alimony. Expenses such as food, shelter, clothing and health are taken into account.

3. Marriage Duration: The marriage duration of the spouses is also taken into account. A long-term marriage may affect the amount of alimony.

4. Child Status: If there are children, their needs and care costs may also affect the amount of alimony. Alimony can be calculated according to the age, health status and education of the children.

5. Age, Health and Employment Status: The ages, health conditions and employment status of the spouses may also affect the amount of alimony. For example, the party who is unemployed or has limited ability to work may need more alimony.

6. Equity and Justice: The court tries to determine the amount of alimony in accordance with the principles of equity and justice. Both the needs of the party requesting alimony and the payment capacity of the other party are taken into account.

7. Litigation Process: Temporary alimony is valid during the divorce case. For this reason, documents related to the case, hearings and other case elements may also affect the amount of alimony.Top of Form