Who is a Divorce Lawyer? Legal Consultation and Specialist Attorney Services in Berlin

A divorce lawyer is a legal professional who provides support to clients during the process of ending a marriage and is specialized in this field. Divorce cases can be complex, both financially and emotionally. Working with a skilled divorce lawyer is crucial for protecting the client's rights and managing the legal process effectively. Our law firm in Berlin offers professional legal advice in Turkish law, covering areas such as uncontested divorce, contested divorce, custody, alimony, and property division.

 

Expert Attorney Support During the Divorce Process

When filing for divorce, it is necessary to have the support of a professional lawyer to ensure the rights of both parties are protected and the process is conducted fairly. A divorce lawyer guides their client through the legal process, prepares the necessary documents, resolves disputes, and helps expedite the proceedings. The expertise of a divorce lawyer is particularly critical in sensitive matters such as child custody, property division, and alimony.

 

Legal Consultation and Professional Support in the Divorce Process

Obtaining the right legal consultation during the divorce process is vital for protecting the rights of the parties involved. Legal consultation informs the client about the necessary steps they need to take during the case. Individuals filing for divorce can receive legal advice from expert lawyers at every stage of the divorce process through a law firm, ensuring the process is completed more safely and quickly.

 

The Importance of Choosing a Law Firm and Experienced Attorneys

When it comes to divorce cases, it is essential to work with the right law firm. Our law firm, operating in Berlin and Bodrum, provides top-tier services to clients with attorneys specializing in divorce and family law. Expert attorney support in determining the correct strategies, preparing petitions, and collecting evidence to be presented in court offers an advantage to the client, ensuring a favorable outcome in the case.

 

Benefits of Working with Specialized Divorce Lawyers in Berlin and Bodrum

Our law firm in Berlin and Bodrum offers effective solutions to clients through attorneys specialized in divorce and family law. Working with expert lawyers ensures that the divorce process proceeds more swiftly and smoothly. In particular, uncontested divorce cases can be expedited through mutual agreement between the parties. In contested divorces, the lawyer helps protect the client's rights and ensures a fair outcome.

 

Conclusion

It is crucial to take the correct legal steps during the divorce process and protect the client's rights by working with an experienced divorce lawyer. Our law firm in Berlin and Bodrum provides professional legal consultation to help clients achieve success in divorce cases. Choosing the right law firm aids in both speeding up the divorce process and ensuring the protection of the client's rights.

 

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

Family law is a branch of law that regulates the rights and obligations of individuals within a family. Key topics under family law include divorce, alimony, compensation, and custody. This article aims to provide detailed information on these subjects, offering guidance on family law matters.

Divorce: General Information

Divorce is the process by which married couples terminate their marital union. According to the Turkish Civil Code, a divorce is carried out by applying to the court, and it can be initiated for various reasons. Divorce cases generally involve the regulation of financial and moral obligations, the custody of children, and the distribution of other family rights.

Grounds for Divorce

The Turkish Civil Code categorizes grounds for divorce into two main types:

1. General Grounds for Divorce:
   • Irretrievable Breakdown of Marriage: This occurs when the relationship between the spouses has deteriorated to the extent that continuing the marriage is no longer feasible, often due to prolonged disputes and communication problems.
   • Adultery: If one spouse engages in sexual relations outside the marriage, it is considered grounds for divorce.
   • Abuse and Violence: Physical or psychological violence by one spouse against the other is grounds for divorce.
   • Desertion: When one spouse abandons the other and fails to return home or maintain communication for a certain period, this can be a ground for divorce.
2. Special Grounds for Divorce:
   • Mental Illness: If a spouse suffers from a mental illness that makes it impossible to continue the marriage, this may be grounds for divorce.
   • Refusal of Marital Relations: When a spouse refuses to engage in sexual relations or prevents the other from doing so, divorce can be sought.

Alimony: Definition and Types

Alimony is financial support provided by one spouse to the other in the event of a divorce. The Turkish Civil Code outlines the types and conditions of alimony.

Types of Alimony:

• Temporary Alimony: Provided temporarily to the spouse in need during the divorce process to cover living expenses.
• Poverty Alimony: Given to the economically disadvantaged spouse after the divorce to meet basic needs.
• Child Support: Paid to cover the costs of a child’s education and care after a divorce, determined by the child’s needs.

Compensation: Definition and Types

Compensation in a divorce is the payment made by one spouse to the other to cover financial or emotional damages.

Types of Compensation:

• Material Compensation: Paid to cover financial losses or economic difficulties caused by the divorce. It is often determined to balance the financial situation of the spouses post-divorce.
• Moral Compensation: Given for emotional and psychological damages caused by the divorce, such as stress and sadness.

Custody: Child Care and Decision-Making

Custody concerns the care and upbringing of a child after a divorce. In custody cases, the best interests of the child are prioritized.

Types of Custody:

• Joint Custody: Both divorced parents share responsibility for the child’s care. Joint custody allows the child to spend time with both parents regularly.
• Sole Custody: One parent is solely responsible for the child’s care and upbringing. Sole custody is granted by the court in the best interests of the child.
• Temporary Custody: Custody granted temporarily during the divorce process, based on the child’s needs.

Conclusion

Family law encompasses important issues such as divorce, alimony, compensation, and custody, regulating the rights and obligations of individuals within a family. In a divorce, alimony and compensation claims, along with the arrangement of child custody, are of critical importance. Lawyers provide legal counsel in these processes, helping protect their clients’ rights and find fair solutions. Having detailed knowledge of each of these topics is crucial for achieving successful outcomes in legal proceedings of this nature.

Divorce Grounds According to Supreme Court Rulings

According to Supreme Court rulings, fault-based behaviors of spouses are considered grounds for divorce. In divorce cases under the Turkish Civil Code, fault-based behaviors of spouses, such as causing irretrievable breakdowns in the marriage, are grounds for divorce. The Supreme Court has shaped these fault-based behaviors through various examples. Here are some of the fault-based behaviors considered as grounds for divorce according to Supreme Court rulings:

1. Adultery
   Adultery refers to a married person engaging in sexual relations outside the marriage. The Supreme Court considers adultery a sufficient ground for divorce when it is proven and seen as enough to cause an irretrievable breakdown in the marriage. Adultery is typically proven through material and moral evidence.

Example Ruling: The 2nd Civil Chamber of the Supreme Court, in a divorce case due to adultery, stated that evidence proving one spouse had an extramarital relationship was sufficient for a divorce ruling.

2. Abuse and Violence
   Physical or psychological violence by one spouse against the other is considered grounds for divorce. The Supreme Court emphasizes that if violence is ongoing or repetitive, it makes the continuation of the marriage impossible.

Example Ruling: The 2nd Civil Chamber of the Supreme Court ruled that constant violence between spouses that severely disrupted the marriage justified a divorce.

3. Desertion
   If one spouse abandons the other and does not return home or maintain communication for an extended period, it is considered grounds for divorce. This abandonment can make continuing the marriage impossible.

Example Ruling: The 2nd Civil Chamber of the Supreme Court stated that if one spouse abandoned the other and did not return home for a long time, a divorce should be granted.

4. Mental Illness
   Mental illness in one spouse that renders the continuation of the marriage impossible can also be grounds for divorce. However, it must be proven that the mental illness makes the marriage unsustainable.

Example Ruling: The Supreme Court, in a divorce case due to mental illness, ruled that if the spouse's condition, if untreated, made the marriage unsustainable, a divorce should be granted.

5. Refusal of Marital Relations
   When one spouse refuses to engage in sexual relations or consistently avoids it, it can be considered grounds for divorce. The refusal of marital relations affects the marital union's essential aspects, such as sexual satisfaction and intimacy.

Example Ruling: The Supreme Court ruled that consistent refusal of marital relations by one spouse, disrupting the marital union, justified a divorce.

6. Domestic Violence and Misconduct
   Domestic violence and misconduct are considered by the Supreme Court as grounds for divorce. Such behaviors can make it impossible to continue the marriage.

Example Ruling: The Supreme Court ruled that constant misconduct by one spouse, significantly disrupting the marital union, justified a divorce.

7. Unresolved Financial Difficulties and Excessive Debt
   The failure to resolve financial problems or excessive debt by one spouse can negatively impact the marriage. The Supreme Court considers such situations grounds for divorce.

Example Ruling: The Supreme Court ruled that if spouses continuously faced financial difficulties that significantly disrupted the marriage, a divorce should be granted.

Conclusion

According to Supreme Court rulings, a wide range of fault-based behaviors are considered grounds for divorce. Adultery, abuse, desertion, mental illness, refusal of marital relations, domestic violence, and financial difficulties are among these behaviors. Courts evaluate each situation's specifics and, when issuing a divorce ruling, consider whether the marriage has been irretrievably broken. Fault-based behaviors play a crucial role in divorce cases, and the legal evaluation of these behaviors is essential for reaching a fair outcome.

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

International child abduction is a significant issue in modern family law and international law. This article discusses the definition of international child abduction, how it is addressed under international custody law, and the role of lawyers from a family law perspective.

What is International Child Abduction?

International child abduction refers to the unauthorized removal of a child from one country to another. It typically occurs when one parent takes a child to another country without the legal permission or a court order from the other parent. This situation can endanger the child’s physical and psychological well-being and lead to complex legal processes.

International Custody Law and Child Abduction

International custody law establishes rules for the legal representation and care of children. Child abductions often arise in situations where different countries' family law systems conflict. To protect children and resolve custody disputes, various international agreements and regulations have been established under international custody law.

Hague Convention on Child Abduction

One of the most important regulations against international child abduction is the 1980 Hague Convention on Child Abduction. This convention was developed to prevent international child abduction and ensure the prompt return of abducted children. The convention provides a mechanism prioritizing the best interests of the child and promotes cooperation between states.

Basic Principles of the Convention:

• Prompt Return: Ensures a fast and effective process for returning the child to the country from which they were abducted.
• Competent Courts: Decisions about the child’s care are made by the courts of the country where the child is accustomed to living.
• Parental Rights: Provides a fair process for parents to resolve disputes over the care and custody of their children.

Other Agreements and Regulations in International Custody Law

Besides the Hague Convention on Child Abduction, various other international agreements and regulations exist. These provide additional rules for arranging child custody between different countries. Additionally, the European Union’s 2003 Brussels IIa Regulation governs custody and child abduction cases among member states.

The Role of Lawyers in Family Law

International child abduction and custody cases require complex legal processes and multiple jurisdictions. Lawyers play a crucial role in these cases. Their tasks include:

• Legal Counsel and Representation: Lawyers provide legal advice and represent their clients in court proceedings. They play a key role in defending their clients' rights.
• Process Strategy Development: Lawyers develop strategies to best meet their clients’ needs during court proceedings.
• International Cooperation: Lawyers collaborate with courts, authorities, and legal experts in different countries.
• Court and Administrative Proceedings: Lawyers represent their clients before courts and administrative authorities.
• Negotiation and Settlement: Lawyers negotiate to resolve disputes, taking into account their clients' and children’s interests.

Conclusion

International child abduction and international custody law can present complex and multi-faceted legal issues. Therefore, the guidance of an experienced international family law attorney is essential. Lawyers play a key role in resolving international child abduction and custody cases and achieving the best possible outcomes for their clients.