How can I get a divorce quickly in Turkey? Türkiye Consensual Divorce Lawyer
The process of dissolving the marital union between spouses can be swiftly and efficiently executed through consensual divorce. Here's an overview of the single-session divorce process and the considerations involved:
How Can I Get a Divorce in One Session?
To divorce in one session, spouses must opt for the consensual divorce process. Governed by Article 166/3 of the Turkish Civil Code, it requires the marriage to have lasted at least one year and both parties to agree on ending the marital union. They must apply to the Family Court with a divorce petition and a consensual divorce protocol.
What's the Fastest Way to Get Divorced?
The fastest way to divorce is through a consensual divorce case. It necessitates the marriage to have lasted at least one year, both spouses applying to the court together or one spouse accepting the lawsuit, and personally expressing their desire for divorce in front of the judge.
What Happens in a Consensual Divorce?
Consensual divorce occurs when spouses agree to end their marriage by reaching agreements on divorce, alimony, compensation, property distribution, and custody. This process enables spouses to end their marriage harmoniously and avoid unnecessary litigation.
How Long Does a Single-Session Divorce Take?
After applying for a consensual divorce case, a hearing date is usually set within 1 to 30 days. If everything complies with the procedure, the court often grants a divorce decree in a single session. The reasoned decision is prepared and delivered to the parties within about 30 days.
Is Same-Day Divorce Possible?
Consensual divorce can conclude much faster than contested divorce processes and can theoretically be finalized within the same day. This is possible if the spouses have reached full agreement in their consensual divorce protocol and everything is procedurally correct on the hearing day.
Who Pays for the Expenses in a Consensual Divorce?
In a consensual divorce case, parties must also agree on court costs and, if applicable, attorney fees. These expenses are usually shared according to the agreement between the parties or paid by one party as determined.
Single-Session Divorce: Where to Apply?
The application for single-session divorce (Consensual Divorce) should be made at the Family Court.
To apply for a consensual divorce, ensure you meet certain criteria. For instance, you cannot apply for a consensual divorce if you have been married for less than one year.
The duration of a single-session divorce case varies from 1 to 30 days, with the Ministry of Justice's target time for judiciary processes being 40 days.
Upon the finalization of a single-session divorce (Consensual Divorce), the "Single" status is updated in the civil registration within a week.
Single-Session Divorce: Legal Consultation
In addition to time, couples must have agreed on all possible outcomes of the divorce. Is there a child involved? Who will the child live with? When will the other parent visit? Are there any spiritual consequences of the divorce? These and all other pertinent issues should be meticulously addressed and included in the divorce petition.
For a smooth and expedited conclusion of consensual divorce proceedings, including the drafting of the protocol, division of property, custody, alimony, and compensation, seeking legal assistance from an attorney is recommended.
How Does Single-Session Divorce Work?
After identifying the necessities for a consensual divorce, an application must be filed. Otherwise, your case may be procedurally dismissed, prolonging the process.
Before applying for a consensual divorce, spouses should check for any obstacles to their application. The duration of the marriage and how to cope with the consequences of its end are crucial considerations.
Conditions for Consensual Divorce
Without fulfilling the conditions for consensual divorce, the duration of divorce proceedings may extend. Therefore, couples often seek to reach an agreement and aspire to complete the divorce in a single session. However, not every couple is suitable for consensual divorce.
After agreeing on the matters, both individuals must attend the court. Even if represented by an attorney, the judge will want to hear from you.
What Should Be Done for Single-Session Divorce (Consensual Divorce)?
Couples unsure about meeting the conditions for consensual divorce are advised against applying. It’s essential to review the consequences of divorce with your spouse before proceeding.
Legal assistance is crucial at this stage. With the help of an attorney, you can prepare the divorce petition required by the court, detailing custody arrangements, payments, property distribution, and other relevant issues.
These topics will be discussed with the judge in court. After hearing both parties, the judge must be convinced that both parties consent to the divorce of their own free will.
Duration of Consensual Divorce
The timeline for consensual divorce cases varies, with no fixed duration. Complexity levels differ among cases, with some requiring evidence gathering, witness testimonies, etc., which can extend the resolution time. However, if there are no obstacles and both parties have agreed on the divorce and its outcomes, the case typically concludes in a single session, ranging from 10 to 30 days.
How to Expedite a Consensual Divorce Case?
Seeking help from a divorce case attorney can aid in shortening the process. Experienced attorneys can better manage the process in all aspects, ensuring a quicker resolution.
For a consensual divorce to be finalized swiftly, it’s crucial to have reached a firm agreement with your former spouse on the outcomes of the divorce. Clear and decisive communication on these matters in court is essential. Judges will not grant a consensual divorce if they perceive any party to be under duress.