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Divorce

Yanıt
Old 02-03-2011, 19:07   #91
Konuk

 
Varsayılan another divorce question

hi, my current turkish partner is still married to english woman and have a child with her.
they got married firslty in turkey then again in england
what are the divorce proceedings?
can they divorce in england and send papers to turkish courts?
do they both have to go to turkish court first and then with papers come back to finalize divorce in uk as well?
they both live in england and none of them really want to go to turkey, so can it be done without travelling (either one or both of them?
many thanks
Old 02-03-2011, 23:40   #92
Doktorand

 
Varsayılan

Hi,

They do not need to go to Turkey. They can divorce in England too. But after that they have to send the papers to Turkey to finalize at court. They will need lawyer for this process.

They can also divorce in Turkey retaining two lawyers. It depends on their decision.

Best wishes,
Old 28-03-2011, 22:32   #93
Konuk

 
Varsayılan

Turkish national living in Germany. Other spouse is a US citizen. Divorce to be filed in US but needs to be served on Turkish national. Can the Turkish embassy in Germany witness acceptance of service on divorce papers?
Old 17-06-2011, 02:03   #94
Konuk

 
Varsayılan Stupid girl needs help

First of all, what a great resource, this forum! I learned a lot. Here is my story in brief. Hopefully, someone can give me an advice.

I am Canadian, married a Turkish man (in Turkey) whom I met on-line (I know what you're thinking) in 2006. Bought the rings, paid for the honey moon in Antalya, brought him to Canada, supported him financially for 2 years while he was studying a getting some diplomas in business.

Then I got a job in another country, I left him in Canada where he is still waiting for his Canadian citizenship. Since August 2009 he is leaving alone and supporting himself. However, he still uses my car and some of my things, which can be valued at about $5000-7000 total.

Now, he refuses to return by car and my things and threatens me by a divorce in Canada where he will ask the court to force me to pay him spousal support because I am making much more money now than he does.

Since I dont live in Canada, can I arrange for a divorce in Turkey without him being present or agreeing (he is staying in Canada)? His family is in Turkey. He owns a flat in Turkey. We dont have kids. There is no property bought during our marriage as we were not making much money, only what I had when I married him (car and some household stuff).

How much time do I need to find a lawyer, arrange papers etc to start the process? I am working and need to know how long the trip to Turkey should be. How much a fee for such a case can be?

I wholly-heartedly thank all those who will take the time to consult me on this issue.
Old 18-06-2011, 09:45   #95
Doktorand

 
Varsayılan

Dear Gast,

You can also divorce in Turkey but it may be difficult for you if you are not in Turkey. You can find a lawyer easily but you may be called to some trials by court. Where do you live now and where was the last address of your ex-husband in Turkey?
Old 18-06-2011, 16:18   #96
Konuk

 
Varsayılan Follow up

Dear Dr

I live not far from Turkey, so no problem coming once or twice if needed. My ex used to live in a little town 1 hr away from Ankara. Thanks for any advice.
Old 23-06-2011, 13:15   #97
kamaci

 
Varsayılan

Alıntı:
Yazan Konuk
hi,
i met and got married to my turkish wife in england. i am a foreign national living here. we have been married for close to 2 years now. when can i apply for turkish citizenship?

for Turkish citizenship, you have to be married for 3 years to apply citizenships..
Old 26-06-2011, 08:59   #98
Doktorand

 
Varsayılan

Alıntı:
Yazan Konuk
Dear Dr

I live not far from Turkey, so no problem coming once or twice if needed. My ex used to live in a little town 1 hr away from Ankara. Thanks for any advice.

First of all you should find a lawyer and then you should show an address in Turkey. Maybe your lawyer can help you about it. After that you can proceed against your ex. According to Turkish law you can get your things and car back. But if he doesn`t accept to divorce or give back, the process may take a long time.

After the decision, you also have to do recognition and enforcement of it in Canada.

Ps. If he gets Canadian citizenship and loses Turkish citizenship, your case may be dismissed by court. But if you sue before it, there will be no problem.
Old 03-07-2011, 13:23   #99
Konuk

 
Varsayılan

Dear Dr.

This is a very valuable information. Although my ex applied for Canadian citizenship, the process will not be complete before March 2012. If he gets it, does he automatically loses his Turkish citizenship?
I am planning to go to Turkey to do this divorce in the last week of July. Will the courts be opened? What documents do I need to bring?
My marriage was not registered in Canada, only in Turkey so I dont care about registering the divorce there or anywhere else. I just want the case to be closed and live happily ever after...:-)
Old 03-07-2011, 13:44   #100
Konuk

 
Varsayılan List of lawyers?

Where can I find a reliable divorce lawyer in Kirikkale/Ankara? Is there a list on the web (I dont know Turkish).
Old 08-07-2011, 15:08   #101
imsel

 
Varsayılan

Alıntı:
Yazan Konuk
Dear Dr.

This is a very valuable information. Although my ex applied for Canadian citizenship, the process will not be complete before March 2012. If he gets it, does he automatically loses his Turkish citizenship?
I am planning to go to Turkey to do this divorce in the last week of July. Will the courts be opened? What documents do I need to bring?
My marriage was not registered in Canada, only in Turkey so I dont care about registering the divorce there or anywhere else. I just want the case to be closed and live happily ever after...:-)
that time have break türkish court.1 august to september 5.you have to come before if you catch the time.if the car and households goods belonging to you ,yo can get back easily.
Old 18-11-2011, 22:43   #102
Konuk

 
Varsayılan

--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
According to new regulation in Turkish Civil Law, couples married after 01.01.2002 will share the belongings that they had after marriage when they are divorced. If the date of the marriage is before 01.01.2002 the couples have to make contract about sharing rules of belongings.
----------------------------------------------------------
So i got married in Dec 2001,.
If i would divorce then what does it mean"making a contract about sharing belongings?"
Is it something i should have done before the marriage?

the reason i ask is because with my economic support he started a buisness in 2003 which is very profitable now.
Old 20-12-2011, 17:38   #103
lucky

 
Varsayılan Dear Dr.

hello Dr.

i was married 2008 to turkesh guy for formality married.now at exactly 3 years they directly cancel my married visa because they know its formality marriage.they three time check that im not leaving there ..but last year 2010 november i have working visa... but i dont understand when they cancel my married visa for residence here..i just take this week 2011 new working visa until 2012 november.

this working visa do you think i can go back to my country like 2 month there.its not gonna problem in airport about my cancellation married. about my married what should i do i need to divorce or we need to fight justice that we are really married..i really really want to go my own coutry for my grand mother..
what should i do...can you help me pls... asap
Old 21-12-2011, 21:14   #104
Doktorand

 
Varsayılan

Hello lucky,

Sorry but I really did not understand what is your aim. If your married is really formality, you can apply to court to establish facts. If your married real, you can divorce at the court. But you don`t need to divorce to go to your country. You can give a power of attorney to a lawyer, and you can go your home.

Best regards,

av.hukukburosu@hotmail.com
Old 22-12-2011, 04:57   #105
üye25928

 
Varsayılan

Alıntı:
Yazan Konuk
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
According to new regulation in Turkish Civil Law, couples married after 01.01.2002 will share the belongings that they had after marriage when they are divorced. If the date of the marriage is before 01.01.2002 the couples have to make contract about sharing rules of belongings.
----------------------------------------------------------
So i got married in Dec 2001,.
If i would divorce then what does it mean"making a contract about sharing belongings?"
Is it something i should have done before the marriage?

the reason i ask is because with my economic support he started a buisness in 2003 which is very profitable now.

As l see your case a little bit different. So how you supported him at all? With which one? for example with the golds etc you got from wedding or private money you had before of marriage?

At that topic there is many guests and lt is hard to know who is you and did you post previous messages. you could prefer send me private e-mail too cause i interested with your case.

Best regards.
RaŞit Tavus,
rasittavus@aol.com
Old 26-12-2011, 01:00   #106
Konuk

 
Varsayılan divorce

Hello,

I am Turkish, I also have British nationality. I live in UK. I got married to an Englishman in UK in 2001 and then I registered the marriage by simply showing my marriage certificate from UK to the Nufus Idaresi in my home town so that they changed my Id card with the new surname and my status to married. I did NOT marry in Turkey. I do NOT have aile cuzdani.

Now I am in the process of a divorce with my husband. We have been seperated for 2 years.I have a 4 year old son We have agreed on everything both financially and the care for the child. Once I get my decree absolute here in UK I could remarry again without any waiting period.
My questions are;
1) What is the procedure for me in Turkey? Do I still need to get divorced in Turkey although I never married there? Or is it enough just to show my divorce certificate to the Nufus Idaresi and register there and get a new ID with my old surname?
2) I have a Turkish boyfriend now who lives in Turkey and would like to get married to me as soon as possible. I have read a law about women in Turkey needing to wait for 300 days before remarrying. When I divorce would I need to wait this time too? I can remarry in UK immediately after my divorce. Would it cause a problem for Turkish law if my boyfriend came over here and then we get married here without waiting the 300 days? We could register the marriage in Turkey in the future like I did before in my first marriage.
Thanks
Old 26-12-2011, 13:50   #107
Doktorand

 
Varsayılan

Hello,
1. If you have also Turkish nationality, you should do recognition and enforcement your court decision about your divorce in Turkey. If you do not it, you cannot marry in Turkey. Maybe England authorities will ask it to you when you apply to them to remarry.
2. According to Turkish Law, you have to wait 300 days. But you can apply to the court to cancel this waiting period.
To do this, you should get information from a lawyer, directly.
Best regards,

av.hukukburosu@hotmail.com
Old 10-01-2012, 14:27   #108
Konuk

 
Varsayılan

Hı please can someone help?. my turkısh boyfrıend ıs marrıed to an englısh woman for 2 and half years and ave only seen eahc other for 10days as she went back to england. they have a 2year old son whıch also have only seen for 10days. she wıll not sıgn dıvorce papers as she does not want hım to re-marry he has paıd money to get thıs sorted but she wıll not send papaers back thıs has been goıng on for 1 and half years nearly how can we fınalıse dıvorce?

please help
Old 08-03-2012, 03:22   #109
Konuk

 
Varsayılan marrying a turkish man

please help me...I am an american woman in love with a turkish man.He is unhappily married to a turkish woman for 23 years.We want to get married but dont know where to start.he is in turkey and i am in america. What is the first thing we need to do? He wants to come to america to live with me and to marry me...thank you so much...cindy
Old 08-03-2013, 08:24   #110
Konuk

 
Varsayılan

I'm English and married my Turkish wife in Istanbul in 2001.
We separated 18months ago. I've been living in the UK and she's been living in Turkey. We are still close friends so all is amicable. We have no kids or property. We both want to divorce. I'm hoping it will be fairly straight forward.
What is the easiest way of proceeding? I'm happy to pop over to Istanbul for a court hearing but don't really know how to get started.
Any advice much appreciated!
Old 09-03-2013, 12:53   #111
serhattugral

 
Varsayılan

Alıntı:
Yazan Konuk
We both want to divorce. I'm hoping it will be fairly straight forward.
What is the easiest way of proceeding? I'm happy to pop over to Istanbul for a court hearing but don't really know how to get started.
Any advice much appreciated!

Dear Konuk

I think you want a "divorce by mutual consent". You should come to Turkey for hearing once and sign a "divorce agreement" which containing some issues about;
a-)divorce,
b-)alimony,
c-)damages for mental anguish and pecuniary compensation,
d-)kids custody (no need)
e-)Joint properties (no need)
f-)Wife's surname after divorce (if she want to use husband's surname after divorce)

You have to bear that "the sign under the agreement is mine and signed under free decision of me" by the divorce judge.

For this way, your wife starts a divorce lawsuit and then you join it coming to Turkey. Its too easy way.

The second way is general divorce lawsuit. On that way you shouldn't come to Turkey. You give a "power of attorney for divorce" and write a letter to your lawyer (preferably with your own script)and tell your divorce grounds. Than he or she starts the divorce lawsuit, brings witnesses to the court and finishes the lawsuit by the cooperation of your wife.

If you want more information plaese mail me.

(serhattugral@gmail.com)
Old 13-03-2013, 12:57   #112
advokatpremium

 
Varsayılan

Alıntı:
Yazan Konuk
please help me...I am an american woman in love with a turkish man.He is unhappily married to a turkish woman for 23 years.We want to get married but dont know where to start.he is in turkey and i am in america. What is the first thing we need to do? He wants to come to america to live with me and to marry me...thank you so much...cindy

Hello
Incase he is married surely first he has to get divorced in order to marry you.
Old 01-11-2013, 12:41   #113
Av. Gamze Akderin

 
Varsayılan

Alıntı:
Yazan Konuk
Hı please can someone help?. my turkısh boyfrıend ıs marrıed to an englısh woman for 2 and half years and ave only seen eahc other for 10days as she went back to england. they have a 2year old son whıch also have only seen for 10days. she wıll not sıgn dıvorce papers as she does not want hım to re-marry he has paıd money to get thıs sorted but she wıll not send papaers back thıs has been goıng on for 1 and half years nearly how can we fınalıse dıvorce?

please help

Dear Konuk (Guest),

If your boyfriends wife does not agree to divorce based on a mutual consent agreement , your boyfriend simply needs to file a divorce case against her.

It is advised to find her address in England in order to make the divorce case process easier and faster.

Regards,

Av. Gamze SHARMAN
Old 28-12-2013, 14:40   #114
Konuk

 
Varsayılan

hi there! my best friend is getting divorce and now he is in a difficult situation.
he is a U.S. citizen living in Turkey for over 4 years. He moved to Turkey to marry a wonderful Turkish woman and have his residence permit and marriage license. After 3 years of marriage, my friend and his wife realized they had irreconcilable differences and will now get a divorce. But he wishes to continue living in Turkey; is this possible without being married? He doesn't have Turkish citizenship yet; was supposed to get that after being married 3 years. Please help with information; it's greatly appreciated.
Old 01-01-2014, 11:21   #115
Av. Gamze Akderin

 
Varsayılan

Alıntı:
Yazan Konuk
hi there! my best friend is getting divorce and now he is in a difficult situation.
he is a U.S. citizen living in Turkey for over 4 years. He moved to Turkey to marry a wonderful Turkish woman and have his residence permit and marriage license. After 3 years of marriage, my friend and his wife realized they had irreconcilable differences and will now get a divorce. But he wishes to continue living in Turkey; is this possible without being married? He doesn't have Turkish citizenship yet; was supposed to get that after being married 3 years. Please help with information; it's greatly appreciated.

Dear Konuk,

If your friend has a valid residence permit and if your friend's marriage carried on 3 years he can make an application for the Turkish citizenship.

He can continue living in Turkey as long as he has a residence permit or Turkish Citizenship.

If he decides not to make an application for the Turkish citizenship , he can continue on living in Turkey with his current residence permit or apply for a new one. So the summary is that he does not need to be married a Turkish person to carry on living in Turkey.

Best regards,

Av. Gamze SHARMAN
Old 02-11-2015, 20:05   #116
Konuk

 
Varsayılan

My partner is Turkish and we have a 10 month old daughter, in Jamuary he was pushed into an arranged marriage within the family. The family now found out we have a child and in June his wife started divorce proceedings. He sent papers agreeing to this. It went to court on 27 October, he has not been in his home town since March and was told at court in town he is living that he did not need to attend. But now the court have said that because him and her did not attend the case was stopped. He is now hiding in different part of country due to family anger over the divorce. He wants the divorce and confirmed he was with me and we have a child in his papers. What can we do as we want to get his visa to the UK and us? Thank you
Old 15-11-2015, 09:45   #117
Av. Gamze Akderin

 
Varsayılan

Dear Konuk,

If he was not represented by an attorney at the case hearing and your partner's wife did not attend in person, the case would be considered as "not followed" and the procedure would fall apart. (It is important that who is the plaintiff of the case. I assume in your partner's situation, the wife is the plaintiff and her attendance is important to make the procedure carry on)

Family courts especially wants to hear from the parties that they want to divorce willingly and they came to this decision with their freewill.

However as you mentioned that they got married in January , their marriage is not exceeded 1 year period which will make the procedure of divorce longer than a "mutual consent divorce". this will mean that there will be some witness evidence to be heard.

The family judge will need to look at evidence and decide if there are grounds for divorce and will not be bound with parties "divorce agreement".

I would suggest for him to get professional legal help about his divorce procedure.

Regards,
Att. Gamze SHARMAN
Old 06-01-2016, 19:57   #118
Konuk

 
Varsayılan How do I find a Turkish Attorney?

I am a US citizen, living in the States.
I have a divorce decree from our court and need it to be filed in Turkey.
How do I find a Turkish Attorney to handle my paper work?
What will my ex-husband need to do?

Thank you for your help.
Old 11-01-2016, 13:40   #119
Konuk

 
Varsayılan

Hello, I hope someone is out there

So, my Turkish "bf" started divorce procedure with his wife last summer. They both live abroad but they got married in Turkey.

He told me they hired attorneys and that in November there was a hearing after which the judge gave them 7 weeks to change their minds... (neither of them were present, just their lawyers).

So, my question is, is this a regular practice? And what happens now after 7 weeks have passed assuming neither of them changed their minds (its been almost a month now) .. He told me they will have to go personally to the court but he hasnt spoken about any date .. So I would just like to be on the safe side ..

Also, does 300 days rule apply only to women ?

Thanks a lot, any answer is appreciated...
Old 11-01-2016, 20:44   #120
Av. Ülkü

 
Varsayılan

Alıntı:
Yazan Konuk
I am a US citizen, living in the States.
I have a divorce decree from our court and need it to be filed in Turkey.
How do I find a Turkish Attorney to handle my paper work?
What will my ex-husband need to do?

Thank you for your help.

Dear Madam,

There is not any bilateral agreement about recognition and enforcement of the court decisions on civil matters signed between Turkey and USA. Thus in order for a US court decision to be enforced in Turkey, you will need to prove that the US courts also recognize and enforce the decisions of Turkish courts in practice -which may not be so easy. There is a decision by Turkish Supreme Court, given in 2010, overruling the enforcement decision of the first instance court on this ground.

In any case, you may still give it a try for enforcement of the US court decision in Turkey with assistance of a lawyer. If you will try to go through this option, your ex-husband does not need to do anything but to comply with the court decision.

However if your ex-husband lives in Turkey, an alternative may be that he may initiate seperate divorce proceedings here in Turkey. The costs of proceedings may vary for each, but the second option may be easier for getting a divorce in Turkey, depending on the other aspects of your concrete case.

Sincerely,
Yanıt


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