Divorce, Property Division, and Custody Cases
Divorce, Property Division, and Custody Cases
Family Law, as a sub-branch of Civil Law, regulates all matters related to the family. In our Law Office, the Family Law Department consists of one specialized lawyer, three clerks, and one trainee lawyer.
The main subjects of Family Law include divorce, matrimonial property regimes, conditions of marriage, engagement and its termination, family residence arrangements, parentage, adoption, child custody, maintenance, alimony for poverty and child support, and guardianship. Women’s and children’s rights are also within the scope of Family Law. Individuals protected under the Law No. 6284 on the Protection of the Family and Prevention of Violence Against Women are safeguarded within the framework of Family Law.
Divorce is the legal termination of marriage. It can only be granted by the competent judicial authorities. The competent court for divorce cases is the Family Court. In judicial districts where there is no Family Court, Civil Courts of First Instance handle such cases in the capacity of Family Courts.
In divorce or separation cases, the competent court is the one located in the residence of either spouse or in the place where the spouses last lived together for at least six months before the case was filed.
Divorce cases based on the breakdown of the marital union (formerly known as severe incompatibility) can be heard in two types: Contested Divorce and Uncontested Divorce. In Contested Divorce cases, at least one party must be found at fault for the divorce to be granted. Even if both parties mutually request a divorce, if fault cannot be proven on at least one side, the court may dismiss both divorce petitions.
All divorce cases can be proven with any legally obtained evidence. Similarly, in alimony, property division, and custody cases, all legally obtained evidence can be used to support the claims.
Working with an experienced and specialized law firm in the field of Family Law is crucial to prevent the loss of rights and ensure that the process proceeds in accordance with legal principles.
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