Mersin Divorce Lawyer

If you are looking for a reliable legal partner to guide you through this process, working with an experienced Mersin lawyer is crucial to protect your rights, assets, and the well-being of your children.

This guide covers everything you need to know about divorce proceedings, custody, alimony, and property division in Turkey.

Types of Divorce Cases in Turkey

Under the Turkish Civil Code, divorce proceedings are categorized into two main types. The path you choose depends on the level of agreement between you and your spouse.

1. Uncontested Divorce (Consensual)

This is the fastest and least stressful method. Both parties agree to end the marriage and reach a mutual understanding regarding all consequences (custody, alimony, compensation, and division of assets).

Requirements: The marriage must have lasted at least one year.

Process: A "Divorce Protocol" is drafted by your lawyer and signed by both parties. The judge reviews this protocol in a hearing where both spouses must be present.

Timeline: In Mersin courts, this can typically be finalized within 1 to 3 months.

2. Contested Divorce

If the spouses cannot agree on the divorce itself or its terms (e.g., one wants custody, the other refuses), a contested divorce case is filed.

Grounds: Adultery, maltreatment, abandonment, criminal behavior, mental illness, or "irretrievable breakdown of the marriage" (severe conflict).

Process: This involves submitting evidence, witness testimonies, and expert reports. It is a longer process requiring a strategic Mersin lawyer to manage the litigation effectively.

Key Legal Issues in Turkish Divorce Law

When you file for divorce in Mersin, the court will decide on several critical auxiliary issues.

Child Custody (Velayet)

In Turkish law, the "best interest of the child" is the primary principle. The judge evaluates the child's age, physical needs, and emotional bond with each parent. While mothers often receive custody for young children, this is not an absolute rule; fathers can also be awarded custody if it serves the child's welfare best.

Alimony (Nafaka)

There are three main types of alimony in Turkey:

1.Tedbir Nafakası: Temporary support paid during the litigation process.

2.İştirak Nafakası (Child Support): Paid by the non-custodial parent for the child's care and education.

3.Yoksulluk Nafakası (Spousal Support): Paid to the spouse who falls into poverty due to the divorce, provided they are not more at fault than the other party.

Compensation (Tazminat)

Material Compensation: Covers financial losses incurred due to the divorce (e.g., loss of future support).

Moral Compensation: Claimed for emotional distress caused by events like adultery, violence, or insults.

Property Division

Since 2002, the default regime in Turkey is "Participation in Acquired Property." This generally means that assets acquired during the marriage are split 50/50. Inherited property or personal gifts are usually excluded.

Why You Need a Specialized Mersin Lawyer

While it is legally possible to represent yourself, family law is strict regarding procedural deadlines and evidence presentation.

Local Expertise: A Mersin lawyer understands the specific tendencies and schedules of the Mersin Family Courts.

Evidence Management: Knowing which WhatsApp logs, bank records, or witness statements are admissible can change the outcome of the case.

Language Barrier: If you live abroad or do not speak fluent Turkish, your lawyer acts as your voice, ensuring no detail is lost in translation.

FAQ: Frequently Asked Questions About Divorce in Turkey

Here are the answers to the 10 most common questions we receive from our international and local clients.

1. Can foreigners divorce in Turkey?

Yes. If one or both spouses are residents in Turkey, or if the Turkish courts have jurisdiction under international private law, foreigners can file for divorce in Turkish Family Courts.

2. How long does a contested divorce take in Turkey?

A contested divorce is a lengthy process. Depending on the workload of the Mersin courts and the complexity of the case, it usually takes between 1.5 to 3 years to reach a final verdict.

3. Do I have to travel to Turkey for the court hearings?

For a contested divorce, you do not necessarily need to be present if you have granted a Power of Attorney to your Mersin lawyer. However, for an uncontested (consensual) divorce, the judge requires both parties to be present at the hearing to confirm their free will.

4. What happens if my spouse refuses to divorce?

One party’s refusal does not stop the divorce. If you can prove the grounds for divorce (such as severe conflict, violence, or adultery) with valid evidence, the court will grant the divorce regardless of your spouse's objection.

5. Who gets the wedding jewelry (Gold/Ziynet)?

According to the Supreme Court (Yargıtay) precedents, jewelry attached to the woman (and general gold coins) during the wedding is considered a donation to the woman and is her personal property, regardless of who bought it.

6. Can I use social media messages as evidence?

Yes. Facebook posts, Instagram stories, and WhatsApp messages can be used as evidence, provided they were obtained legally (e.g., messages sent directly to you, public posts) and not through hacking or spyware.

7. How are assets divided if we have a prenuptial agreement?

If you have a valid prenuptial agreement regarding "Separation of Property," the court will honor that agreement. Otherwise, the standard 50/50 split of acquired assets applies.

8. Does adultery affect custody decisions?

Not automatically. Adultery is a fault against the spouse, not necessarily against the child. However, if the adulterous lifestyle negatively impacts the child's psychological or physical safety, it may influence the judge's decision.

9. What is the statute of limitations for adultery cases?

You must file for divorce based on adultery within 6 months of learning about the act, and within 5 years of the act itself. After these periods, you cannot use adultery as a specific ground for divorce (though you can still use it to prove severe conflict).

10. How can I protect myself from domestic violence during the process?

Under Law No. 6284, your lawyer can apply for an immediate protective order (restraining order). The court can order the abusive spouse to stay away from the home and workplace for up to 6 months. This decision is usually issued very quickly (within 24-48 hours).

Professional Legal Support in Mersin

Divorce is a challenging journey, but you don't have to walk it alone. To ensure your rights are fully protected under Turkish Law, contact ,Law Office. As your trusted Mersin lawyer, we provide transparent, strategic, and compassionate legal representation for both domestic and international divorce cases.