Divorce Case from a Foreign Spouse
The case of divorce from the spouse who is a foreign national is no different from a normal divorce case in terms of the legal rules to which the case is bound. However, persons who are going to divorce their foreign spouses abroad should file a recognition and enforcement case in Turkey after the divorce decision in the country where the divorce case was opened, heard and decided. Because, in order for the divorce decision given by a foreign court to have a judgment and result in Turkey, the recognition and enforcement of the relevant decision is required.
As a result of the multiplicity and functionality of communication tools, there is a serious increase in the number of people who marry foreign nationals. As a result of the increase in marriages with foreign nationals, the number of divorces has also increased. The divorce case process is a matter of curiosity by those who decide to divorce with their foreign spouses. There are two types of cases that can be filed regarding the divorce case from the spouse who is a foreign national: the uncontested divorce case and the contested divorce case.
Uncontested Divorce with a Foreign Spouse
If both parties agree on the divorce and agree on the financial consequences of the divorce and the issues related to children, they can file for an uncontested divorce and end the marriage union. In order for the spouse of foreign nationals to go to the mutual divorce procedure, they should agree on issues such as custody, alimony, compensation, and sign the agreement on these issues by preparing a signed divorce protocol. The family court decides on divorce if it deems the parties' request for divorce appropriate.
Contested Divorce with a Foreign Spouse
If one of the parties does not want to get a divorce or if both parties want to divorce but cannot reach an agreement on issues such as custody, alimony and compensation, a contested divorce case is filed as a divorce case from the foreign spouse. Since the contested divorce case will create severe wearisome situations on the parties and especially on the children, getting help from a competent divorce lawyer who has experience with exemplary cases will be the best way to manage the process.
As in other different civil cases, there is no obligation to have a lawyer in cases filed in FAMILY COURTS. However, in order to write the petition in accordance with the law, to avoid any loss and to be victimized in the lawsuits to be filed, in the scope of FAMILY LAW CASES, especially within the scope of divorce cases, you can carry out all your legal consultancy services with a lawyer who has family law knowledge, is experienced and provides professional services, You can ensure that the procedures are more accurate and fluent.
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