The Family and Divorce Law Articles category is the section containing the archive of articles prepared by YBS Hukuk Bürosu on the basis of its experience as a divorce lawyer in Adana, covering subjects such as divorce by mutual consent and contested divorce actions, custody, types of maintenance, division of property (the regime of participation in acquired property, edinilmiş mallara katılma rejimi), termination of an engagement, wedding jewellery and the family home annotation.
The family is the most fundamental building block of society, and Family Law, the branch of law that regulates this structure, is one of the most private areas, touching individuals' lives most deeply. This broad field, extending from the formation of the marital union to its end and from the custody of children to the division of assets, involves not only legal procedures but also intense emotional processes. Because of this delicate balance, building every step taken in the field of Family Law on an informed and legal basis is of vital importance in preventing losses of rights that are difficult to remedy in the future.
As YBS Hukuk Bürosu, we have prepared this Family and Divorce Law Articles section to make the complex processes in this field understandable and to guide you in protecting your rights. This page, where our content is published, is a gateway to content prepared with the experience of our lawyers on many subjects, from the types of divorce actions to custody and maintenance, and from the finer points of the division of property to special situations such as termination of an engagement. Our aim is to enable you to reach accurate information easily when you face a legal problem and to help you make informed decisions in these difficult processes.
YBS Hukuk's Commentary on Divorce Proceedings: The Social Media Trap
In today's digital age, one of the biggest strategic mistakes made in divorce actions is to disregard the legal consequences of social media use. The parties, often without realising it, may hand the other side very strong evidence through a holiday post they share, a photograph of an event they attend or an insinuating comment they write. For example, a photograph shared at a luxury restaurant by a spouse claiming post-divorce maintenance may weaken the claim of "falling into poverty". In a custody action, posts by the spouse who is alleged not to devote sufficient time to their child, showing that spouse constantly out with friends, may become important evidence in court. Remember that any content shared on social media may, as long as it is "public", qualify as lawful evidence and may completely change the course of your case. For this reason, regarding your social media accounts as an "evidence file" throughout the divorce process and being extremely careful in your posts should lie at the very foundation of your defence strategy.
Our Family and Divorce Law Articles series has been designed to help you easily reach the information you are looking for.
Divorce Actions: Proceedings by Mutual Consent and Contested Proceedings
Everything you need to know about the ways of ending the marital union, the fundamental differences between divorce by mutual consent and contested divorce actions, the processes for filing an action and the grounds for divorce (adultery, abandonment, breakdown of the marital union, etc.).
Custody Actions: The Principle of the Child's Best Interests
Detailed analyses of the custody of common children, the most sensitive issue in the divorce process, the principle of "the child's best interests", the factors taken into account in the custody decision and actions for change of custody. In this area, the experience of an Adana Custody Lawyer can make a difference.
Financial Consequences of Divorce: Maintenance, Compensation and Division of Property
Comprehensive guides on the types of interim maintenance, post-divorce maintenance and child support, claims for pecuniary and non-pecuniary compensation, and how property is divided under the "regime of participation in acquired property" applicable after 1 January 2002. This Family and Divorce Law Articles section aims to help you understand your financial rights.
The Law on Engagement and Wedding Jewellery
Articles on claims for pecuniary and non-pecuniary compensation on termination of an engagement, the return of gifts and, in the light of decisions of the Court of Cassation, to whom the wedding jewellery given at the wedding belongs and how it can be claimed.
A Warning from YBS: The Consequences of Not Attending the Hearing in a Divorce by Mutual Consent
One of the most critical mistakes made by the parties in the divorce by mutual consent process is not attending the hearing in the belief that "we have signed the protocol anyway and agreed on everything". Under Article 166/3 of the Turkish Civil Code, for a divorce by mutual consent to be granted, it is mandatory for the judge to hear the parties in person and be satisfied that their will has been voluntarily expressed. If even one of the parties does not attend the hearing, the judge cannot give a judgment of divorce by mutual consent. In that case, the action is either "deemed not to have been filed" and the whole process is wasted, or, at the request of one of the parties, it turns into a contested divorce action and develops into complex proceedings that may last for months or even years. However perfect the protocol may be, attending the hearing is not a choice but a legal obligation.
Informed Decisions with Your Future Security in Mind
Family and divorce law is a field in which extremely important and sensitive decisions that shape the future of your life are taken. Every step you take in this process may permanently affect your financial situation and your relationship with your children. As YBS Hukuk Bürosu, our aim with the Family and Divorce Law Articles we present in this category is to shed light on this critical process for you and to help you make informed decisions.
However, it should be borne in mind that this content is for general information purposes only and does not replace professional legal advice or the services of a lawyer. Every divorce action is unique, and you should not hesitate to contact an experienced lawyer so that a strategy specific to your situation can be developed.
Useful Information from YBS: The Family Home Annotation Can Offer Important Protection
While the marital union continues, the home in which the spouses live together and which is registered in the title deed in the name of one of the spouses cannot be sold, nor can rights such as a mortgage be established over it, without the consent of the other spouse. However, to benefit fully from this protection, having the "family home annotation" (aile konutu şerhi) entered in the land register is the most secure course. This annotation is a very strong legal safeguard against transfers of property made in bad faith.
Table: Stages to Be Considered and Prepared for in a Divorce Action
| Stage |
The Importance of a Lawyer's Support |
| Preparation Before the Action |
Identifying the correct ground for divorce, determining the strategy, collecting the necessary evidence and drawing up a legal roadmap. |
| Preparation of Petitions |
Drafting the statement of claim and the statement of defence properly, completely and in a way that protects rights. Formulating the claims (maintenance, custody, compensation) correctly. |
| The Hearing Process |
Submitting evidence to the court, guiding witnesses with the right questions and putting forward legal defences against the other side's allegations. |
| Financial Matters |
Correct analysis of the property regime, and claiming the amounts of maintenance and compensation equitably according to the parties' economic situation. |
| The Situation of the Children |
Presenting to the court, as accurately as possible, the claims concerning custody and the establishment of personal contact within the framework of the principle of the child's best interests. At this point, the experience of an Adana Custody Lawyer can make a difference. |
| The Post-Judgment Process |
Carrying out technical procedures such as enforcement of the judgment, pursuing maintenance claims and applying for legal remedies (appeal, appeal to the Court of Cassation). |
Remember that a divorce action is not only about ending a marriage; it is also about laying the legal and financial foundations of your future life. Obtaining professional support to lay these foundations soundly may be one of the most appropriate decisions you make. As YBS HUKUK | Adana Law Office, we are ready to guide you through this process.
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