Berlin Türk Boşanma Avukatı

+49 152 02819858

+90 542 350 66 01

umt.oz @ hotmail. com

Attorney Ümit ÖZ

Working Space
Turkish Family Law / Turkish Family Attorney

Who is a Divorce Lawyer? Legal Consultancy and Expert Lawyer Services in Berlin

A divorce lawyer is an attorney specialized in providing legal support to clients during the termination of a marriage. Divorce cases can be complex both financially and emotionally. Working with an experienced divorce lawyer is crucial to protect the client's rights and to manage the case efficiently. Our law firm operating in Berlin offers professional legal consultancy to clients in Turkish law on issues such as uncontested divorce, contested divorce, custody, alimony, and property division.


Expert Lawyer Support During the Divorce Process

When filing for divorce, professional legal assistance is essential to ensure the protection of both parties’ rights and to conduct the process fairly. A divorce lawyer guides the client through resolving disputes, preparing documents for court, and aiming for the fastest possible conclusion of the case. Expertise is particularly critical in sensitive matters such as child custody, property division, and alimony.


Legal Consultancy and Professional Support in Divorce Cases

Obtaining the right legal advice during a divorce is vital for protecting the parties’ rights. Legal consultancy informs the client about the necessary steps throughout the case. Individuals planning to file for divorce can complete the process more safely and quickly by receiving expert legal guidance from a law firm at every stage.


Choosing a Law Firm and the Importance of Expert Lawyers

Selecting the right law firm is extremely important in divorce cases. Our law firm, operating in Berlin and Bodrum, provides the best service through lawyers specialized in divorce and family law. Expert lawyer support in defining the right strategies, drafting petitions, and gathering evidence presented to the court offers an advantage for a favorable outcome.


Benefits of Working with Expert Lawyers in Berlin and Bodrum in Divorce Law

Our law firm, operating in Berlin and Bodrum, offers effective solutions in divorce and family law through specialized lawyers. Working with expert lawyers helps ensure a faster and smoother divorce process. In uncontested divorces, parties can shorten the process through mutual agreement. In contested cases, the lawyer helps protect the client’s rights and achieve a fair result.


Conclusion

Taking the right legal steps and working with an expert divorce lawyer is essential to protect client rights during divorce. Our law firm in Berlin and Bodrum provides professional legal consultancy, helping clients achieve success in divorce cases. Choosing the right law firm accelerates the process and safeguards client rights.


Family Law: Information on Divorce, Alimony, Compensation, and Custody

Family law regulates the rights and responsibilities of individuals within the family. It includes important issues such as divorce, alimony, compensation, and custody. This article aims to provide detailed information and guidance on each of these topics.

Before deciding on divorce, we recommend considering it as a last resort, especially taking into account the best interests of any children involved. You may consider alternatives like marriage counseling and only proceed to contact a divorce lawyer or file for divorce if you are convinced that the marriage has fundamentally broken down.


Divorce: General Information

Divorce is the legal termination of a marriage. According to the Turkish Civil Code, divorce is carried out through court proceedings and can be filed for based on various reasons. Divorce cases involve financial and emotional obligations, custody of children, and distribution of family assets.


Grounds for Divorce

The Turkish Civil Code divides grounds for divorce into two main categories:

  • General Grounds for Divorce:
    • Fundamental Breakdown of the Marriage: This means that the relationship between spouses has fundamentally deteriorated to the extent that living together is no longer possible, usually due to prolonged conflicts and communication breakdown.
  • Specific Grounds for Divorce:
    • Adultery (Article 161): The spouse who commits adultery is considered at fault.
    • Attempt on Life, Severe Mistreatment or Insulting Behavior (Article 162): Includes physical or verbal abuse, threats, and humiliation.
    • Criminal Acts and Dishonorable Conduct (Article 163): Committing crimes or leading a dishonorable life.
    • Abandonment (Article 164): One spouse leaves the home without the intention of continuing the marriage.
    • Mental Illness (Article 165): If a spouse has a mental illness that makes continuation of the marriage impossible; no fault is required in this case.

Alimony Lawsuit by Lawyer

Alimony refers to financial support paid by one spouse to the other after divorce. The Turkish Civil Code regulates types and conditions of alimony.

Types of Alimony:

  • Precautionary Alimony: Temporary support during the divorce process for the financially weaker spouse.
  • Poverty Alimony: Post-divorce financial support for the spouse unable to support themselves.
  • Child Support Alimony: Payment to cover children's education and care expenses.

Compensation: Definition and Types

Compensation is the payment to cover financial or emotional damages caused by divorce.

Types of Compensation:

  • Material Compensation: Paid for financial losses or hardship caused by divorce.
  • Moral Compensation: Paid for psychological and emotional harm resulting from divorce.

Custody: Care and Decisions Regarding Children

Custody determines which parent is responsible for the care and education of children after divorce. Courts make custody decisions based on the child's best interests.


Who Gets Custody After Divorce?

According to Turkish Civil Law, custody is awarded by the court based on the child’s welfare.

Factors considered:

  • The child’s best interest and welfare (physical, mental, emotional development)
  • Parents' financial and emotional capability
  • Child’s preference (usually considered if the child is older than 8-12 years)
  • Relationship quality with each parent, including any history of neglect or abuse
  • Traditionally, custody of very young children (especially under 3 years) is given to the mother unless she is unable to care for the child.

Custody can be reconsidered if circumstances change. Courts also grant visitation rights to the non-custodial parent.

Types of Custody:

  • Joint Custody: Both parents share responsibility.
  • Sole Custody: Only one parent is responsible.
  • Temporary Custody: Temporary arrangement during divorce proceedings.

Conclusion

Family law includes crucial issues like divorce, alimony, compensation, and custody, all of which regulate the rights and responsibilities of family members. A divorce lawyer provides legal guidance to protect clients’ rights and find fair solutions. Understanding these matters is key to achieving successful legal outcomes.

This article provides general information and should not replace personalized advice from a qualified lawyer.


Supreme Court (Yargıtay) Decisions on Grounds for Divorce

According to the Supreme Court, fault-based behaviors of spouses cover a wide range of situations justifying divorce, including:

  1. Adultery: Proved extramarital relations are sufficient grounds for divorce.
  2. Mistreatment and Violence: Physical or psychological abuse that makes the marriage unsustainable.
  3. Abandonment: One spouse leaving the home without intention to return.
  4. Mental Illness: If untreated mental illness makes marriage impossible.
  5. Refusal of Sexual Relations: Persistent avoidance affecting the marriage’s foundation.
  6. Domestic Violence and Bad Behavior: Ongoing bad conduct that destroys the marriage.
  7. Unresolved Financial Problems and Excessive Debt: Leading to breakdown of marriage.

Each case is evaluated individually with regard to the marriage's fundamental breakdown.


International Child Abduction, International Custody Law, and Family Law: A Lawyer’s Perspective

International child abduction involves one parent taking a child across borders without legal permission, creating risks for the child's wellbeing and complex legal challenges.


International Custody Law and Child Abduction

International custody law governs legal responsibility and care of children. Conflicts between countries’ family laws arise in abduction cases.


Hague Child Abduction Convention

The 1980 Hague Convention aims to prevent international child abduction and secure prompt return of abducted children, prioritizing the child's best interests and fostering state cooperation.


Key Principles of the Convention:

  • Prompt return of the child to the habitual residence
  • Jurisdiction of courts in the child's habitual residence
  • Fair process protecting parental rights

Other agreements like the EU’s Brussels IIa Regulation supplement international custody regulation.


The Role of Lawyers in Family Law

Lawyers play a vital role in navigating international custody and abduction cases by:

  • Providing legal advice and representation
  • Developing case strategies based on international and local laws
  • Coordinating with foreign authorities and lawyers
  • Handling court and administrative procedures
  • Negotiating settlements and advocating for the best outcomes

Conclusion

International child abduction and custody law are complex areas requiring skilled lawyers who understand international treaties and local laws. Their guidance is crucial to protect rights and the child’s best interest.

Turkish citizens living in Germany (e.g., Berlin) may seek legal support for divorce cases in Turkey. Choosing the right lawyer can significantly affect the outcome.


Tips for Choosing a Divorce Lawyer for Cases in Turkey

  • Expertise and Experience: Specialized knowledge in divorce law is critical.
  • Client Reviews and References: Previous client feedback reflects professionalism.
  • Fees and Transparency: Understanding costs clearly from the start is important.

You do not need to travel to Turkey to work with a Turkish divorce lawyer. Our Berlin office offers services in family and divorce law, assisting with cases in Turkey. You can schedule a consultation for information about divorce procedures and fees in Turkey.