A divorce lawyer is a specialist in the field of divorce, alimony, custody, division of property, etc., arising from family law disputes, which are a sub-branch of civil law. this is the name given to lawyers who enter such cases among the people. Dec. It is observed that the expression family lawyer is also used for divorce lawyers. The headlines that pop up on the Internet under the name “divorce lawyer” are unreal. A branch of advocacy called a divorce lawyer is not defined in the legislation. It is also illegal for lawyers entering divorce cases to introduce themselves as a divorce lawyer. However, it is observed that lawyers who enter into divorce cases among the people are sometimes called divorce lawyers. Decriminalization lawyers. We will also use the concept of a divorce lawyer to be more understandable in our article.
The divorce process is a difficult and exhausting process for married couples. Getting professional legal assistance during the divorce process makes it easier to overcome this difficult process. In fact, there is no separate professional specialty under the name of divorce lawyer in Turkish legislation. Among the people, the plaintiff or defendant attorneys who follow the divorce cases in the family court are called divorce lawyers, so we will prefer to use this concept Decently.
Each case has a very important preparatory process. The events experienced by divorcees in marriage should be listened to by a lawyer as an observer. The lawyer prepares the case by selecting the facts that will cause a divorce from the events he listens to. Because, according to our legal system, every divorce must have a reason. Every divorce case filed without a reason is rejected.
How Does a Divorce Lawyer Prepare a Case?
By evaluating the facts, the divorce lawyer investigates whether there are sufficient reasons to file for divorce, whether the following reasons for divorce have occurred from the events described to him:
Deception (Civil Code art.161),
Whether one of the spouses intends the life of the other, whether he commits ill-treatment or dishonorable behavior (M.K. md.162),
Whether one of the spouses has committed a humiliating crime (m.K. md.163),
Whether one of the spouses leads a dishonorable life (m.K. md.163),
Whether one of the spouses unfairly left the communal dwelling (m.K. md.164),
Whether one of the spouses is mentally ill (M.K. md.165),
Whether the marriage union has been irretrievably shaken from its foundation from the point of view of one of the parties (M.K. md.166)
It is very important to correctly determine the reason for the divorce. Because, the judge will examine the case according to the plaintiff's reason for divorce. Therefore, the preparation process of the case must be carried out together with the divorce lawyer.
Can a Divorce Lawyer Apply for Mediation?
A divorce lawyer can also make efforts to resolve a dispute related to family law and property sharing out of court. It can bring the parties together before or after filing a lawsuit, and Deconstruct communication between the parties to the dispute, allowing reconciliation to be achieved. Deconstructed communication between the parties to the dispute. However, these attempts of divorce lawyers cannot be considered “mediation”, which is a technical private legal practice. Mediators are persons who are registered in the mediation list and are not parties to the dispute. Divorce lawyers, on the other hand, are obliged to protect the rights of the party they represent.
The division of property in divorce is the most important legal dispute seen by filing a different case at the same time as the divorce case or after the finalization of the divorce case. For disputes arising from the sharing of property, a mediator may be contacted for an agreed termination of the dispute before or after the lawsuit is filed. The parties may apply to the mediator through their divorce lawyers and request that the property sharing be done through an agreement by negotiation.
A divorce case, whether consensual or contentious, cannot be concluded through a mediation institution. Issues such as alimony, material and moral compensation in divorce, custody of children, which are an October part of the divorce case, cannot be resolved through mediation.
How to File for Divorce?
After the reasons for the divorce have been determined, the petition for the case should be prepared accordingly. In particular, since the parties may have requests other than divorce from each other, all these requests should be clarified in a detailed conversation with the client. Requests should be clarified by asking the person who wants to file for divorce the following questions:
Does the client have a custody claim over the child?
Is there a request for alimony?
Is there a demand for property sharing according to the new Civil Code?
Is there a claim for material and moral compensation?
After listening to the client, the reasons for the divorce and their demands are determined, the legal basis of the case is determined based on the facts and requests reached after the divorce and the petition is written. The divorce lawyer begins to prepare the case file after he sees that the petition is favorable to obtaining the requested result. A case file should contain a sufficient number of copies of petitions and evidence that strengthens the allegations. If the evidence is in the nature of written evidence and the lawyer is able to access this evidence, the written evidence must be physically placed in the case file. If the written evidence is out of reach at that moment while the case file is being prepared, the court is asked to bring the evidence by showing the place where this written evidence is located in the content of the case petition. If the witness statement is relied on as evidence, the name, surname and address of the witnesses must be reported to the court in the case file. After the case file is completed in this way, the case fees and expenses are deposited to the teller at the courthouse and the file is delivered. Now the divorce proceedings have been filed.
The Importance of a Divorce Lawyer in Injunction Applications
The divorce lawyer may ask the family court to consider certain measures arising from family law (suspension, blocking of communication, alimony, etc.).) may request to be received. In terms of injunction requests, it does not matter whether a divorce case is opened or not.
The fact that the applications for measures are made by a divorce lawyer allows the process to go faster. In particular, if the requests for precautionary measures of the victims of violence are duly submitted to the family court, it is decided to apply the following preventive measures to the perpetrator of violence (Law No. 6284 art.5):
The absence of words and behaviors that include threats of violence, insults, humiliation or humiliation towards the victim of violence.
Immediate removal from the joint residence or from the place where it is located and allocation of the joint residence to the protected person.
Do not approach protected persons, the housing, school and workplace where these people are located.
If there is a previous decision to establish a personal relationship with children, the personal relationship should be accompanied by a companion, the personal relationship should be limited or completely abolished.
If deemed necessary, the protected person should not approach their children, even if they have not been subjected to violence, without prejudice to relatives, witnesses and situations related to the establishment of a personal relationship.
Do not damage the personal belongings and household items of the protected person.
Not to disturb the protected person by means of communication or otherwise.
Handing over to law enforcement the weapons, the possession or transportation of which is allowed by law.
Even if he performs a public duty that is mandatory to carry a weapon, he must hand over the embezzled weapon to his institution due to this duty.
Ensuring that protected persons do not use alcohol or drugs or stimulant substances where they are located, or do not approach protected persons and their places while under the influence of these substances, if they have addiction, including hospitalization, examination and treatment.
Applying to a medical institution for examination or treatment and providing treatment.
The Role of a Divorce Lawyer in a Negotiated Divorce Case
A negotiated divorce case is a type of case in which the parties terminate the marriage with a divorce protocol. The divorce protocol is the basic document that is applied in disputes arising for any reason even after the divorce, which includes the rights and benefits and obligations that both parties will receive as a result of the divorce. Therefore, the preparation of this protocol by a divorce lawyer, documenting the conditions under which the marriage was concluded, will prevent possible loss of rights.
The parties can analyze the following issues by upsetting a divorce protocol:
Alimony,
Custody,
Material and moral compensation,
Sharing of household goods,
Property sharing in divorce,
Contribution Share Receivable,
It will Take Participation.
The parties can agree on all the above issues with the divorce protocol, as well as leave the resolution of some issues after the divorce. Each choice that the parties will make on these issues will have different legal consequences. The divorce lawyer subjects the rights and obligations confirmed by the protocol text to a detailed legal examination from the point of view of the parties. Thus, the necessary precautions are taken by foreseeing the disputes that may arise after the divorce decision is made by the court on the basis of the protocol. For example, if the parties will not demand any rights and receivables from each other regarding the division of property, writing this issue in detail in the protocol will eliminate disputes that may occur after the divorce. The parties have the right to request a division of property with a separate lawsuit within 10 years from the finalization of the divorce decision.
The preparation of the divorce protocol by a divorce lawyer allows the possible disputes that the spouses have not thought about during the divorce process to be resolved easily, quickly and definitively. Although the content of the divorce protocol varies according to the requests and conditions of the parties, the following is an example of a divorce protocol in which the parties do not make any demands from each other:
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