Adana Divorce Lawyer

Adana Divorce Lawyer | Av. Y. Buğrahan SEVDİ & YBS Hukuk

An Adana divorce lawyer files divorce actions, whether by mutual consent or contested, before the Family Court and conducts claims concerning custody, maintenance, compensation, the liquidation of the matrimonial property regime and wedding jewellery (ziynet alacağı) within a single plan. At YBS Hukuk Adana Law Office, divorce files are handled by the founding lawyer Av. Yakup Buğrahan SEVDİ; the legal basis is the Turkish Civil Code (TMK) No. 4721, the Code of Civil Procedure (HMK) No. 6100 and, where necessary, Law No. 6284 on the Protection of the Family and the Prevention of Violence against Women.

A divorce action seeks answers to two questions: can the union of marriage be ended on a ground recognised by law, and how are the consequences of the divorce for the children and the property to be regulated? The general ground for divorce is set out in TMK Art. 166/1 as follows: "Evlilik birliği, ortak hayatı sürdürmeleri kendilerinden beklenmeyecek derecede temelinden sarsılmış olursa, eşlerden her biri boşanma davası açabilir." "If the union of marriage has been so fundamentally shaken that the spouses cannot be expected to continue their common life, either spouse may file an action for divorce." (unofficial translation) The law also recognises special grounds for divorce for adultery (Art. 161), attempt on life, severe maltreatment or degrading conduct (Art. 162), commission of a degrading offence or living a dishonourable life (Art. 163), abandonment (Art. 164) and mental illness (Art. 165). In most files, the outcome of the case is determined not by the name of the ground but by the evidence with which, and the time within which, the events on which that ground rests are presented to the court.

The special rules of evidence in divorce proceedings are listed in TMK Art. 184. According to the first subparagraph, "Hakim, boşanma veya ayrılık davasının dayandığı olguların varlığına vicdanen kanaat getirmedikçe, bunları ispatlanmış sayamaz." "The judge may not regard the facts on which an action for divorce or separation is based as proven unless satisfied in conscience of their existence." (unofficial translation); according to the third subparagraph, "Tarafların bu konudaki her türlü ikrarları hakimi bağlamaz." "Admissions of any kind made by the parties on this matter do not bind the judge." (unofficial translation) The other party's acceptance of the allegations is not in itself regarded as sufficient for a divorce judgment. In our Adana lawyer practice, we match every event in the statement of claim with a date, a place, a witness and a document, and we do not include abstract or hearsay accounts in the petition. Setting out the evidence in full in the statement of claim is the most important preparatory work in the file, because the possibility of raising new facts and evidence at later stages of the proceedings is limited.

How an Adana Contested Divorce Lawyer Proves Fault

In a contested divorce, fault is proven by the spouse who alleges it, through lawfully obtained evidence. TMK Art. 6 sets out the general rule: "Kanunda aksine bir hüküm bulunmadıkça, taraflardan her biri, hakkını dayandırdığı olguların varlığını ispatla yükümlüdür." "Unless otherwise provided by law, each party is obliged to prove the existence of the facts on which it bases its right." (unofficial translation) A contested divorce is a case in which the spouses cannot agree on the divorce itself or on its consequences, such as custody, maintenance, compensation and the division of property, and which therefore requires the judge's discretion. The most common problem in files in Adana is evidence obtained by unlawful means.

As an Adana law office, we base the work of proof on official and verifiable records. In allegations of infidelity, we request that hotel accommodation records, bank and credit card transactions and communication traffic (HTS) records be obtained through the court; we include in the file, or leave out, each screenshot and recording held by the client according to how it was obtained. Publicly accessible social media posts and witness statements may also be submitted to the court for assessment; under TMK Art. 184/4, "Hakim, kanıtları serbestçe takdir eder." "The judge assesses the evidence freely." (unofficial translation)

The seriousness of the fault directly affects not only the divorce judgment but also the financial claims. Under TMK Art. 174/1, pecuniary compensation may be claimed by "kusursuz veya daha az kusurlu taraf" "the party not at fault or less at fault" (unofficial translation); under TMK Art. 175, post-divorce maintenance (yoksulluk nafakası, maintenance for the spouse who would fall into poverty because of the divorce) is awarded to the party who would fall into poverty "kusuru daha ağır olmamak koşuluyla" "provided that their fault is not greater" (unofficial translation). For this reason, the allocation of fault is monitored separately at every stage, from the statement of claim to the hearing at which judgment is delivered.

Adana Lawyer for the Liquidation of the Matrimonial Property Regime: Participation Claim and Value Increase Share

If the spouses have not concluded a matrimonial property agreement, the regime of participation in acquired property (edinilmiş mallara katılma rejimi, the statutory default regime under which each spouse shares in the property acquired during the marriage) is liquidated on divorce, and each spouse may claim half of the other's net surplus (participation claim, katılma alacağı). Under TMK Art. 202, "Eşler arasında edinilmiş mallara katılma rejiminin uygulanması asıldır." "As a rule, the regime of participation in acquired property applies between spouses." (unofficial translation); under TMK Art. 236/1, "Her eş veya mirasçıları, diğer eşe ait artık değerin yarısı üzerinde hak sahibi olurlar." "Each spouse or their heirs are entitled to half of the net surplus belonging to the other spouse." (unofficial translation) Acquired property, as defined in TMK Art. 219/1, means "her eşin bu mal rejiminin devamı süresince karşılığını vererek elde ettiği malvarlığı değerleri" "the assets acquired by each spouse for consideration during the continuation of this property regime" (unofficial translation); a home, a vehicle and savings purchased with salary and commercial earnings fall into this group.

The personal property excluded from liquidation is listed item by item in TMK Art. 220: items used exclusively for the personal use of one spouse; assets belonging to one spouse at the beginning of the property regime or subsequently acquired by inheritance or otherwise free of charge; claims for non-pecuniary compensation; and assets replacing personal property. Under TMK Art. 225/2, on divorce the matrimonial property regime "dava tarihinden geçerli olmak üzere sona erer" "ends with effect from the date of the action" (unofficial translation); valuation is carried out under TMK Art. 235/1: "Mal rejiminin sona erdiği sırada mevcut olan edinilmiş mallar, tasfiye anındaki değerleriyle hesaba katılırlar." "Acquired property existing at the time the property regime ends is taken into account at its value at the time of liquidation." (unofficial translation) In its decision 2024/10251 E. 2025/12020 K., the 2nd Civil Chamber of the Court of Cassation, applying this provision, required the current market value (sürüm (rayiç) değeri) to be determined as at the date closest to the date of the new judgment following reversal (decision below).

Where one spouse has contributed to the acquisition, improvement or preservation of an asset belonging to the other without receiving any consideration or adequate consideration, a value increase share (değer artış payı) comes into play. TMK Art. 227/1 recognises this claim "katkısı oranında" "in proportion to the contribution" (unofficial translation) and states that "bu alacak o malın tasfiye sırasındaki değerine göre hesaplanır" "this claim is calculated according to the value of that asset at the time of liquidation" (unofficial translation). For example, where gold jewellery given at the wedding is sold and the proceeds are spent on renovating the other spouse's home, this falls within the scope of the claim to the extent that it is documented. Our Adana participation and property division law office prepares the title deed, bank and loan records for examination by the court-appointed expert in the calculation and shows the client's contribution with documents.

Adana Custody Lawyer: The Best Interests of the Child and Pedagogical Criteria

The court decides which parent will have custody on the basis of the child's interests; the parents' income level or their fault in the divorce is not decisive on its own. Under TMK Art. 182/1, when deciding on the divorce, the court, "olanak bulundukça ana ve babayı dinledikten" "after hearing the mother and father where possible" (unofficial translation), "ana ve babanın haklarını ve çocuk ile olan kişisel ilişkilerini düzenler." "regulates the rights of the mother and father and their personal relations with the child." (unofficial translation) Under TMK Art. 336/3, on divorce, custody "çocuk kendisine bırakılan tarafa aittir." "belongs to the party to whom the child is entrusted." (unofficial translation) The law ties custody to the child's interests: TMK Art. 182/2 makes even a change of custody possible only "çocuğun menfaatine aykırı olmamak kaydıyla" "provided that it is not contrary to the child's interests" (unofficial translation), and under TMK Art. 339/1, "Ana ve baba, çocuğun bakım ve eğitimi konusunda onun menfaatini göz önünde tutarak gerekli kararları alır ve uygularlar." "The mother and father take and implement the necessary decisions concerning the care and education of the child, having regard to the child's interests." (unofficial translation) Personal relations between the child and the spouse who has not been granted custody are a separate arrangement, and under TMK Art. 182/3, in this arrangement "çocuğun özellikle sağlık, eğitim ve ahlak bakımından yararları esas tutulur." "the interests of the child, particularly in terms of health, education and morals, are taken as the basis." (unofficial translation)

The Adana Family Courts have the professional assessment carried out under Article 5 of Law No. 4787; for this assessment, the court draws on the "psikolog, pedagog ve sosyal çalışmacılardan" "psychologists, pedagogues and social workers" (unofficial translation) assigned to the courthouse. The resulting social investigation report assesses with which parent the child will lead a more stable life, school and health follow-up, sibling relationships and the parents' capacity to provide care. TMK Art. 182 does not set an age limit for the age of discernment; in a decision upheld by the 2nd Civil Chamber of the Court of Cassation, the reasoning of the Regional Court of Appeal took into account both the will and the best interests of a child who had reached the age of discernment (see 2024/2986 E. 2024/5319 K. below).

A change of custody is a separate action filed when circumstances change after the divorce. Under TMK Art. 183, "Ana veya babanın başkasıyla evlenmesi, başka bir yere gitmesi veya ölmesi gibi yeni olguların zorunlu kılması halinde hakim, re'sen veya ana ve babadan birinin istemi üzerine gerekli önlemleri alır." "Where new facts, such as the mother or father marrying another person, moving to another place or dying, make it necessary, the judge takes the necessary measures of their own motion or at the request of either parent." (unofficial translation) Obstruction of personal relations is also a frequent basis for these actions; under TMK Art. 182/2, in its judgment the court "kişisel ilişki düzenlemesinin gereklerinin yerine getirilmemesi halinde, çocuğun menfaatine aykırı olmamak kaydıyla velayetin değiştirilebileceğini ihtar eder." "gives a warning that, if the requirements of the arrangement for personal relations are not complied with, custody may be changed, provided that this is not contrary to the child's interests." (unofficial translation) In these files, our Adana custody law office avoids evidentiary routes that would force the child to take sides and informs the court of the scope of the professionals' report through specific questions.

Adana Maintenance and Compensation Lawyer

Three types of maintenance arise in divorce: interim maintenance (tedbir nafakası, maintenance ordered while the proceedings continue), awarded for the duration of the proceedings; post-divorce maintenance, awarded to the spouse who would fall into poverty because of the divorce; and child support (iştirak nafakası, the contribution of the parent without custody to the child's expenses) for the child's care and education expenses; in addition, the parents' duty of support continues while a child who has reached majority is in education (TMK Art. 328/2). The basis of interim maintenance is TMK Art. 169: for the duration of the proceedings, the judge "eşlerin barınmasına, geçimine, eşlerin mallarının yönetimine ve çocukların bakım ve korunmasına ilişkin geçici önlemleri re'sen alır." "takes, of their own motion, the interim measures concerning the accommodation and subsistence of the spouses, the management of the spouses' property and the care and protection of the children." (unofficial translation) Child support is based on TMK Art. 182/3: the spouse who has not been granted custody "çocuğun bakım ve eğitim giderlerine gücü oranında katılmak zorundadır." "is obliged to contribute to the child's care and education expenses in proportion to their means." (unofficial translation)

An important development concerning indefinite maintenance took place in 2026: the Constitutional Court annulled the phrase "süresiz olarak" "for an indefinite period" (unofficial translation) in TMK Art. 175 and decided that the annulment would enter into force nine months after its publication in the Official Gazette. Since the decision was published in the Official Gazette dated 30.09.2026, the annulment enters into force nine months after that date, that is, on 30.06.2027. The text of the article remains in force until 30.06.2027; whether the legislature will adopt a new regulation, and the effect on pending files, should be monitored separately.

Post-divorce maintenance and pecuniary compensation may be paid as a lump sum or in the form of periodic payments. Under TMK Art. 176, maintenance in the form of periodic payments "alacaklı tarafın yeniden evlenmesi ya da taraflardan birinin ölümü halinde kendiliğinden kalkar" "ends automatically if the receiving party remarries or if either party dies" (unofficial translation); where the recipient is found to be "evlenme olmaksızın fiilen evliymiş gibi yaşaması, yoksulluğunun ortadan kalkması ya da haysiyetsiz hayat sürmesi halinde" "living as if actually married without marrying, no longer in poverty or living a dishonourable life" (unofficial translation), it is terminated by a court decision. Under the same article, "Tarafların mali durumlarının değişmesi veya hakkaniyetin gerektirdiği hallerde iradın artırılması veya azaltılmasına karar verilebilir." "Where the financial circumstances of the parties change or where equity so requires, an increase or reduction of the periodic payment may be ordered." (unofficial translation); this provision is the basis for actions to increase or reduce maintenance.

If the child's education continues after the child has reached majority, the parents' duty of support continues. Under TMK Art. 328/2, "Çocuk ergin olduğu halde eğitimi devam ediyorsa, ana ve baba durum ve koşullara göre kendilerinden beklenebilecek ölçüde olmak üzere, eğitimi sona erinceye kadar çocuğa bakmakla yükümlüdürler." "If the child's education continues after the child has reached majority, the mother and father are obliged to support the child until the education ends, to the extent that can be expected of them in the circumstances." (unofficial translation) Family support maintenance (yardım nafakası), on the other hand, is a separate institution regulated in TMK Art. 364/1 and relates not to divorce but to kinship: "Herkes, yardım etmediği takdirde yoksulluğa düşecek olan üstsoyu ve altsoyu ile kardeşlerine nafaka vermekle yükümlüdür." "Everyone is obliged to provide maintenance to their ascendants, descendants and siblings who would fall into poverty without their assistance." (unofficial translation)

Compensation in divorce is of two kinds. Under TMK Art. 174/1, "Mevcut veya beklenen menfaatleri boşanma yüzünden zedelenen kusursuz veya daha az kusurlu taraf, kusurlu taraftan uygun bir maddi tazminat isteyebilir." "The party not at fault or less at fault whose existing or expected interests are impaired by the divorce may claim appropriate pecuniary compensation from the party at fault." (unofficial translation); under Art. 174/2, "Boşanmaya sebep olan olaylar yüzünden kişilik hakkı saldırıya uğrayan taraf, kusurlu olan diğer taraftan manevi tazminat olarak uygun miktarda bir para ödenmesini isteyebilir." "The party whose personality rights have been infringed by the events that caused the divorce may claim from the other party at fault payment of an appropriate sum of money as non-pecuniary compensation." (unofficial translation) The judge determines the amount at their discretion according to the seriousness of the events in the file and the circumstances of the parties. For unpaid maintenance, the remedy under Art. 344 of the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu, İİK) is available: "Nafakaya ilişkin kararların gereğini yerine getirmeyen borçlunun, alacaklının şikayeti üzerine, üç aya kadar tazyik hapsine karar verilir." "A debtor who fails to comply with decisions concerning maintenance shall, upon the creditor's complaint, be ordered to undergo coercive imprisonment of up to three months." (unofficial translation)

Case Law Analyses in Family Law

1. Sex-Specific Items Among Wedding Jewellery and Ownership by the Spouse to Whom They Were Given

2. The Will of a Child Who Has Reached the Age of Discernment in an Action to Extend Personal Relations

3. Current Market Value in the Liquidation of the Matrimonial Property Regime

4. Closure of the "Rectification of Decision" Remedy and the Process of Finality of the Judgment

Sample Contested Divorce Statement of Claim with Requests for Custody and Interim Measures (Draft)

The sample below has been prepared to show the legal structure of a contested divorce statement of claim; the information in square brackets is completed according to the specific facts, and each event is written together with its own evidence.

Types of Divorce Action and Legal Procedures

A divorce action follows one of two routes, divorce by mutual consent or contested divorce, depending on whether the spouses agree; on both routes, the judgment is given by the Family Court.

• Divorce by Mutual Consent Actions in Adana: If the marriage has lasted at least one year, the spouses may apply jointly, or one spouse may accept the other's action. The judge hears the parties in person and, if the judge finds appropriate the protocol on the financial consequences of the divorce and the situation of the children, rules for divorce.
• Contested Divorce Actions in Adana: If the parties cannot agree on the divorce or its consequences, the action is filed on the basis of one of the grounds listed between TMK Art. 161 and Art. 166. Allegations such as adultery, attempt on life, abandonment or the fundamental breakdown of the union of marriage are proven by lawfully obtained evidence; because of stages such as hearing witnesses, obtaining records and professional assessment, the proceedings take longer.

The law provides a further, separate route where a divorce action filed earlier has been dismissed. Under TMK Art. 166/4, as amended by Law No. 7532 dated 14.11.2024, "Boşanma sebeplerinden herhangi biriyle açılmış bulunan davanın reddine karar verilmesi ve bu kararın kesinleştiği tarihten başlayarak bir yıl geçmesi halinde, her ne sebeple olursa olsun ortak hayat yeniden kurulamamışsa evlilik birliği temelden sarsılmış sayılır ve eşlerden birinin istemi üzerine boşanmaya karar verilir." "Where an action filed on any of the grounds for divorce has been dismissed and one year has passed from the date on which that decision became final, the union of marriage is deemed to have broken down fundamentally if, for whatever reason, the common life could not be re-established, and divorce is ordered at the request of either spouse." (unofficial translation) The three-year period in the former text no longer applies. In both types of action, working with an Adana family law lawyer ensures that the protocol is written in full and that the evidence is submitted in time; as YBS Hukuk Bürosu, we determine the type of action together with the client according to the state of the evidence in the file.

A Warning from YBS About the Wrong Method: Trying to Prove Your Case with Unlawful Evidence

Audio and video recordings made without the spouse's knowledge may not only be disregarded as evidence but may also lead to a criminal investigation against the spouse who made the recording. Placing a hidden camera in the shared home, installing spyware on a phone or secretly recording private conversations carries the risk of falling within the prohibition on unlawful evidence in HMK Art. 189/2. The same conduct is a separate offence under the Turkish Penal Code:

The most frequent reason why a spouse who is in the right loses the case is trying to document the true information they hold by the wrong means. The right course is to tell the lawyer about the incident and to assess together, before the action is filed, whether the same fact can be proven with official records, a witness or a document to be obtained through the court.

Financial Consequences of Divorce: Division of Property, Maintenance and Compensation

The financial consequences of divorce fall under three headings: the liquidation of the matrimonial property regime, maintenance and compensation. Since the time limits and legal bases of the three differ, the litigation strategy should be built for all of them together from the outset.

• Property Division Action in Adana: If there is no matrimonial property agreement, the regime of participation in acquired property is liquidated; each spouse is entitled to half of the other's net surplus (TMK Art. 236/1). The action may be filed together with the divorce action or after the divorce judgment becomes final; on the limitation period, see the warning above.
• Maintenance Action in Adana: Interim maintenance may be claimed for the duration of the proceedings (TMK Art. 169), post-divorce maintenance for the spouse who would fall into poverty after the divorce (TMK Art. 175), and child support through the contribution of the parent who does not receive custody (TMK Art. 182/3). For a child who has reached majority and is still in education, the parents' duty of support continues under TMK Art. 328/2.
• Compensation Action in Adana: The spouse not at fault or less at fault whose interests are impaired by the divorce may claim pecuniary compensation, and the spouse whose personality rights have been infringed by the events that caused the divorce may claim non-pecuniary compensation (TMK Art. 174).

Which claims are to be raised in the divorce action and which in a separate action matters because of the rules on time limits; this is one of the first issues an Adana divorce action lawyer examines.

Protecting Your Future

Proper preparation before deciding on divorce prevents losses of rights that are difficult to remedy once the action has been filed. Coming to the first meeting with the following information and documents makes it possible to assess the file on the first day:

1. Identity and family information: date of marriage, children's dates of birth, school and health information, and the place where the spouses lived together during the last six months (to determine the competent court).
2. Income and expense documents: both spouses' payslips, bank account details, rent and loan payments; these are used in calculating the maintenance and compensation claims.
3. List of assets: the acquisition dates of immovable property, vehicles, company shares and savings acquired during the marriage; property owned before the marriage and inherited property are noted separately.
4. List of events and evidence: the dates of the events constituting the ground for divorce, the names of witnesses and any reports and official records; whether they were obtained lawfully is assessed together at the first meeting.
5. Need for urgent protection: if there is violence or threat, the measures under Law No. 6284, and if there is a risk concerning the home, the family home annotation (aile konutu şerhi, a note in the land register restricting disposal of the family home) are planned on the first day.

TMK Art. 194/3 provides clear protection for the family home: "Aile konutu olarak özgülenen taşınmaz malın maliki olmayan eş, tapu kütüğüne konutla ilgili gerekli şerhin verilmesini tapu müdürlüğünden isteyebilir." "The spouse who is not the owner of the immovable property allocated as the family home may request the land registry office to enter the necessary annotation concerning the home in the title deed register." (unofficial translation) The annotation makes it more difficult to transfer the home without the other spouse's express consent. As YBS Hukuk Bürosu, we examine the specific circumstances of each file and prepare a litigation plan together with our clients; you may contact us for information.

Av. Y. Buğrahan SEVDİ Warns: Do Not Miss the Limitation Period for a Property Division Action!

There are two different time limits in divorce, and they must not be confused: the one-year period in TMK Art. 178 for rights of action arising from divorce, and the ten-year period for the liquidation of the matrimonial property regime referred to in a decision of the Court of Cassation (2nd Civil Chamber, 2023/9251 E. 2024/3328 K.).

For the participation claim arising from the liquidation of the matrimonial property regime, on the other hand, the reversal decision quoted in decision 2023/9251 E. 2024/3328 K. of the 2nd Civil Chamber of the Court of Cassation applied a ten-year limitation period and calculated the period from the date on which the divorce judgment became final. The limitation period produces effects when the other party invokes it; rather than waiting for the period to run, the safest course is to prepare the liquidation claim as soon as the divorce becomes final. There are also peremptory periods for the special grounds for divorce: for grounds such as adultery and attempt on life, the right of action lapses six months after the ground becomes known and, in any event, five years after the event (TMK Art. 161 and Art. 162).

Table: How Is a Divorce by Mutual Consent Obtained and How Does the Process Work?

Duration of a Divorce Action and Stages of the Proceedings in Adana

The law does not provide a fixed duration for a divorce action; how long the action will take is determined by service of process, the collection of evidence, professional assessment and the stages of legal remedies. In a divorce by mutual consent, since it is sufficient for the spouses to attend the hearing and for the judge to find the protocol appropriate, the duration mostly depends on when the hearing date is set. In a contested divorce, on the other hand, the proceedings go through stages such as the exchange of written submissions, the hearing of witnesses, the obtaining of records and the social investigation report.

There are two legal remedies after the judgment. Under HMK Art. 345, "İstinaf yoluna başvuru süresi iki haftadır. Bu süre, ilamın usulen taraflardan her birine tebliğiyle işlemeye başlar." "The time limit for applying for an appeal is two weeks. This period begins to run upon the due service of the enforceable judgment (ilam, the written judgment document) on each of the parties." (unofficial translation) For an appeal to the Court of Cassation against the decision of the Regional Court of Appeal, HMK Art. 361/1 also provides a two-week time limit. The lawful way to shorten the duration is to set out the evidence in full in the first petition, to give the witnesses' addresses correctly and to determine from the outset the questions to be the subject of professional assessment. Estimates of duration given without examining the specific file are misleading; we assess the duration of the action at the first meeting according to the state of the evidence in the file.

Adana Family Courts and the Competent Court

A divorce action is heard by the Family Court and is filed in the court of the domicile of one of the spouses or of the place where they have lived together for the last six months. Subject-matter jurisdiction is based on Article 4 of Law No. 4787: Family Courts hear "aile hukukundan doğan dava ve işler" "actions and matters arising from family law" (unofficial translation) within the scope of Book Two of the TMK (excluding Part Three), as well as the recognition and enforcement of foreign court decisions relating to family law. For venue, TMK Art. 168 applies:

If one of the spouses lives in Adana, the action may be filed with the Adana Family Court, and an Adana family court lawyer handles the file here; if the spouses lived together in Adana but have since moved to other provinces, venue is reassessed according to these two criteria. The Family Court is also the deciding authority for preventive measures under Law No. 6284; under Article 2 of that law, in that law "Hakim: Aile mahkemesi hakimini" "Judge: means the judge of the Family Court" (unofficial translation). Confidentiality may also be protected in a divorce action: under TMK Art. 184/6, "Hakim, taraflardan birinin istemi üzerine duruşmanın gizli yapılmasına karar verebilir." "The judge may, at the request of one of the parties, decide that the hearing be held in private." (unofficial translation)

How to Choose the Right Divorce Lawyer in Adana?

The answer to the question "Who is the best divorce lawyer in Adana?" is not a single name, but concrete criteria that each family can measure against its own file. Whether you are looking for an individual lawyer, an Adana divorce law office or an Adana family lawyer, the following questions will guide you when looking for the right and trustworthy lawyer:

• Bar registration: Whether the lawyer is registered with the Adana Bar Association or another bar association can be verified on the official lawyer search pages of the bar association and of the Union of Turkish Bar Associations.
• Experience in family law: Asking about the types of files the lawyer handles before the Family Court (custody, matrimonial property regime, wedding jewellery, Law No. 6284) and the articles the lawyer has published on these subjects is the most direct way of measuring experience.
• Written fee agreement: The scope of the fee (divorce, maintenance, liquidation, legal remedies) should be specified item by item in a written agreement; Attorneyship Law Art. 164 prohibits agreeing a fee below the minimum fee tariff; if the fee is agreed as a percentage of the value of the action, that percentage may not exceed twenty-five per cent.
• Confidentiality and communication: Who will provide information about the file, how updates will be given after hearings and a request for a private hearing (TMK Art. 184/6) should be discussed at the first meeting.
• Realistic assessment: An assessment that promises an outcome or makes firm promises about duration or amount does not reflect the state of the evidence in the file; a reliable assessment states the favourable and unfavourable possibilities together.

At YBS Hukuk, at the first meeting we share in writing the strengths and weaknesses of the file, the evidence required and the scope of the fee. We recommend that you make your choice on the basis of these criteria and by comparing more than one meeting. We have also gathered the questions to ask at the first meeting, with their legal bases, in our guide to choosing a divorce lawyer.

Where Can You Find the Right Divorce Lawyer in Adana?

When looking for the right divorce lawyer or family law lawyer in Adana, the first step is to verify the bar registration of the lawyer you will meet on the official lawyer search page of the Adana Bar Association or of the Union of Turkish Bar Associations. Next, the types of files the lawyer handles before the Family Court, the articles the lawyer has published on these subjects and how the lawyer assesses the state of the evidence in your file at the first meeting are compared. A recommendation from people around you becomes meaningful when assessed together with this information; for someone looking for a family lawyer in Adana, the soundest course is to meet more than one lawyer and set the criteria above side by side.

Adana Divorce Lawyer Fees and Litigation Costs

The fee of an Adana divorce lawyer is agreed in writing between the lawyer and the client and may not be below the Minimum Attorneyship Fee Tariff. Litigation costs (court fees, service of process, court-appointed expert and witness expenses), on the other hand, are separate from the lawyer's fee and are deposited with the court as an advance on costs when the action is filed.

The main factors that account for differences in fees among Adana divorce lawyers are the type of action (by mutual consent or contested), the number of claims raised together with the divorce (custody, maintenance, compensation, matrimonial property regime, wedding jewellery), the need to collect evidence and whether the stages of legal remedies are included in the fee. Where the fee has not been agreed or there is no written fee agreement between the parties, in actions and matters whose value cannot be measured in money, under Attorneyship Law Art. 164/4 "avukatlık asgari ücret tarifesi uygulanır." "the minimum attorneyship fee tariff applies." (unofficial translation) Since tariff amounts may change, we do not state a fixed figure on this page; we provide the current amount and a fee proposal specific to your file in writing at the first meeting. Under Attorneyship Law Art. 164, the attorney's fee awarded against the other party at the end of the case belongs to the lawyer. Those whose financial situation does not allow them to cover a lawyer's fee may obtain information from the Adana Bar Association on legal aid (adli yardım, legal assistance arranged through the bar association for those unable to afford a lawyer) and the conditions for applying.

Divorce Actions Directly Affect the Lives of the Parties

A divorce action produces a judgment that determines, for years, the housing, subsistence, education and property arrangements of the spouses and children. Custody and personal relations arrangements determine the child's daily life, maintenance and compensation determine the economic balance, and the liquidation of the matrimonial property regime determines the return on the effort accumulated during the marriage. To prevent losses of rights, to secure the parties' future lives and to help ensure a fair trial process, working with a divorce lawyer in Adana experienced in family law makes it possible to foresee the long-term consequences of the judgment from the outset.

Our Related Family and Divorce Law Services

In summary, for those searching for Adana family law lawyers and family lawyers: in addition to divorce actions, YBS Hukuk provides representation before the Adana Family Courts in the following areas of family law; each area is conducted according to its own statutory provisions and rules of evidence.

Adana Family Law Lawyer

An Adana family law lawyer provides representation, beyond divorce, in all disputes within the jurisdiction of the Family Court, such as termination of an engagement, parentage, adoption, guardianship, the family home and recognition of foreign court decisions. On termination of an engagement, pecuniary compensation is based on TMK Art. 120, non-pecuniary compensation on TMK Art. 121 and the return of gifts on TMK Art. 122. To protect the family home, an annotation in the title deed register may be requested under TMK Art. 194. The jurisdiction of the Family Court derives from Article 4 of Law No. 4787; where it considers it necessary, the court draws on a psychologist, a pedagogue and a social worker (Art. 5).

Adana Divorce by Mutual Consent Lawyer

An Adana divorce by mutual consent lawyer prepares the protocol in files where the spouses agree on the divorce and its consequences, files the action and ensures that the spouses' will is expressed before the judge at the hearing. Under TMK Art. 166/3, the marriage must have lasted at least one year, the spouses must apply jointly or one must accept the other's action, and the judge must hear the parties in person and find the protocol appropriate. The protocol should state clearly the amount of maintenance and the criterion for its increase, the days and hours of custody and personal relations, the division of property and the handover of belongings; vague wording later leads to disputes over adaptation and enforcement. The action is filed with one of the courts of the places listed in TMK Art. 168. For details of the stages, see our guide to the divorce by mutual consent action.

Adana Contested Divorce Lawyer

An Adana contested divorce lawyer proves fault in files where the spouses cannot agree on the divorce or its consequences and links the custody, maintenance and compensation claims to evidence. The action may be based on the grounds of adultery (TMK Art. 161), attempt on life, severe maltreatment or degrading conduct (TMK Art. 162), commission of a degrading offence or living a dishonourable life (TMK Art. 163), abandonment (TMK Art. 164), mental illness (TMK Art. 165) or the fundamental breakdown of the union of marriage (TMK Art. 166/1). Since evidence obtained unlawfully may not be taken into account under HMK Art. 189/2, the evidence plan is built on official records, witnesses and documents to be obtained through the court. Post-divorce maintenance and pecuniary compensation depend on the allocation of fault (TMK Art. 174, Art. 175). For a general account of the subject, see our article on the contested divorce action.

Adana Custody Lawyer

An Adana custody lawyer builds a litigation plan based on the child's interests in actions for the determination of custody on divorce, the arrangement of personal relations and the change of custody after divorce. Under TMK Art. 182/3, in arranging personal relations, the child's interests in terms of health, education and morals are taken as the basis; for the professional assessment, the court draws on a psychologist, a pedagogue and a social worker (Law No. 4787, Art. 5). By its decision 2024/2986 E., 2024/5319 K., the 2nd Civil Chamber of the Court of Cassation upheld the decision that took into account the will of the child who had reached the age of discernment and dismissed the request to extend personal relations. In the event of new facts such as the remarriage or relocation of the mother or father, the judge takes the necessary measures (TMK Art. 183). For details, see our articles on the action for change of custody and joint custody.

Adana Maintenance Lawyer

An Adana maintenance lawyer provides representation in actions for the determination, increase, reduction and termination of interim maintenance, post-divorce maintenance and child support, and in the collection of unpaid maintenance. Interim maintenance for the duration of the proceedings is based on TMK Art. 169, post-divorce maintenance on TMK Art. 175 and child support on TMK Art. 182/3; the support of a child who has reached majority and is still in education is regulated in TMK Art. 328/2. Family support maintenance between relatives, on the other hand, is a separate institution in TMK Art. 364. When the financial circumstances of the parties change, an increase or reduction of maintenance may be requested under TMK Art. 176. The decision of the Constitutional Court annulling the phrase "süresiz olarak" "for an indefinite period" (unofficial translation) in TMK Art. 175 will enter into force on 30.06.2027. For unpaid maintenance, coercive imprisonment of up to three months may be requested under Art. 344 of the Enforcement and Bankruptcy Law (İİK). For the calculation of increases, see our article on the action to increase maintenance and its calculation.

Adana Matrimonial Property Regime and Property Division Lawyer

An Adana matrimonial property regime and property division lawyer bases the participation claim, value increase share and contribution share (katkı payı) claims in the liquidation of the regime of participation in acquired property on documents and current values. Each spouse is entitled to half of the other's net surplus (TMK Art. 236/1); personal property is listed in TMK Art. 220 and is not included in the liquidation. The value increase share of a spouse who has contributed to the other spouse's asset without receiving any consideration or adequate consideration is calculated under TMK Art. 227/1 in proportion to the contribution and according to the value of the asset at the time of liquidation. Acquired property is taken into account at its value at the time of liquidation (TMK Art. 235/1); in its decision 2024/10251 E., 2025/12020 K., the 2nd Civil Chamber of the Court of Cassation reversed a calculation made on the basis of values from about one and a half years before the date of judgment and required the current market value to be determined as at the date closest to the date of the new judgment following reversal. In a divorce on the ground of adultery or attempt on life, the judge may, under TMK Art. 236/2, reduce or remove, in accordance with equity, the share of the spouse at fault in the net surplus.

Adana Wedding Jewellery Lawyer

An Adana wedding jewellery lawyer proves ownership and handover in actions for the return, or payment of the value, of wedding jewellery such as gold, bracelets, necklaces and money given at the wedding and during the marriage. According to decision 2025/4787 E. 2025/11126 K. of the 2nd Civil Chamber of the Court of Cassation, in the absence of an agreement between the parties or of a proven local custom and practice, everything of economic value given to the spouses belongs, as a rule, to them; items specific to women or specific to men belong to that sex, while items suitable for both sexes belong to the spouse on whom they were placed or to whom they were given. In the action, wedding footage, the list of jewellery, witness statements and jeweller or bank records are assessed together; to whom each item was given and with whom it remained must be proven separately.

Adana Pecuniary and Non-Pecuniary Compensation Lawyer

As an Adana lawyer for compensation in divorce, we claim, within the framework of TMK Art. 174, redress for interests impaired by the divorce and for infringement of personality rights. Pecuniary compensation may be claimed by "kusursuz veya daha az kusurlu taraf" "the party not at fault or less at fault" (unofficial translation), and non-pecuniary compensation by "kişilik hakkı saldırıya uğrayan taraf" "the party whose personality rights have been infringed" (unofficial translation) by the events that caused the divorce. Pecuniary compensation may be paid as a lump sum or in the form of periodic payments, whereas non-pecuniary compensation may be paid only as a lump sum (TMK Art. 176). The judge determines the amount at their discretion according to the seriousness of the events and the circumstances of the parties. Under TMK Art. 178, rights of action arising from the termination of the marriage by divorce must be exercised within one year from the finality of the divorce judgment.

Adana Lawyer for Protective Measures under Law No. 6284

An Adana lawyer for protective measures under Law No. 6284 conducts the application for a protective and preventive measure order to be issued and extended, and for its breach to be sanctioned, in the face of violence or a risk of violence. Article 2 of Law No. 6284 defines violence as "fiziksel, cinsel, psikolojik, sözlü veya ekonomik her türlü tutum ve davranış" "any kind of physical, sexual, psychological, verbal or economic attitude and conduct" (unofficial translation); measures are not applied only in cases of physical violence. The judge may order that the person who commits violence be removed from the shared home, not approach the protected person and not disturb the protected person by means of communication (Art. 5/1-b, c, f). Where delay would be detrimental, certain measures may also be taken by the senior law enforcement officer; however, "Hakim tarafından yirmidört saat içinde onaylanmayan tedbirler kendiliğinden kalkar" "measures not approved by the judge within twenty-four hours lapse automatically" (unofficial translation) (Art. 5/2). A measure order is issued for a maximum of six months in the first instance, and for a protective measure "delil veya belge aranmaz" "no evidence or document is required" (unofficial translation) (Art. 8). In the event of a breach of the measure, coercive imprisonment of three to ten days is applied (Art. 13). In files requiring a protective measure, we are available 7/24.

YBS Hukuk | Adana Law Office provides advice and litigation services in family and divorce law at Yenibaraj Mah. Bülent Angın Bulvarı Tamer Apt. No:42 Kat:7 D:19 Seyhan/Adana. At the office, divorce by mutual consent and contested divorce, maintenance, custody, liquidation of the matrimonial property regime, wedding jewellery and compensation files are handled by Av. Yakup Buğrahan SEVDİ; a litigation plan is prepared for each file according to its own circumstances.

For information on divorce or family law, you can reach YBS Hukuk | Adana Law Office 7/24 on 0507 007 0 927 or at destek@ybshukuk.com.tr. Legal steps taken at the right time prevent losses of rights that are difficult to remedy later.