Frequently Asked Questions

Divorce cases vary depending on whether they are consensual or contested. Consensual divorces usually conclude within 2-3 months, while contested divorces can take 6 months to 2 years. The duration depends on the complexity of the case, the parties' agreement status, children's situation, and the court's workload. After the divorce decision becomes final, property and population registry procedures may require additional time.

Child support (iştirak nafakası) continues until the children turn 18 or complete high school education. Spousal alimony (eş nafakası) is determined based on one spouse's financial need and usually ends when the receiving spouse remarries or their financial situation improves. There is no time limit for spousal alimony, but it can be modified when circumstances change.

Consensual divorce is when spouses agree on divorce and determine the terms of the agreement (alimony, custody, property regime, etc.). In this case, a divorce protocol is prepared through a lawyer and approved at a notary. Once the protocol is ready, the spouses apply to the court together and the divorce is finalized with the judge's approval at the hearing. Consensual divorce is faster and less costly than contested divorce.

Child custody is determined in every case by considering the best interests of the children. Generally, children between 0-3 years old remain with the mother. After 3 years of age, the parents' financial situation, relationship with the child, education status, and the child's age are taken into account. Custody is determined according to the protocol in consensual divorce and according to the court decision in contested divorce. In all cases, children's psychological and material needs are prioritized.

The duration of inheritance cases varies depending on the type and complexity of the case. Simple inheritance distribution cases can take 6-12 months, while complex cases involving disputes, will annulment, inheritance renunciation, unjust enrichment from inheritance can take 2-5 years. In inheritance cases, the number of heirs, the size of the estate, and disputes between parties are factors that affect the duration.

According to the Turkish Civil Code, the spouse's inheritance share varies depending on other heirs. If spouse + children exist, the spouse gets 25%, children get 75%. If spouse + parents exist, the spouse gets 50%, parents get 50%. If only the spouse exists, the spouse gets 25%, the remaining 75% goes to the state. The spouse's share is evaluated together with other heirs and reserved share provisions apply.

Will annulment is achieved by filing a lawsuit claiming that the provisions in the will are invalid. Reasons for annulment may include the testator's lack of free will, mental illness, threat, fraud, or error situations. Additionally, reserved share heirs can annul the will for the portion exceeding their reserved shares. The annulment case is filed in the competent civil court of first instance.

A certificate of inheritance (veraset ilamı) is obtained from the civil court of peace. For the application, identity documents of the heirs, death certificate of the deceased, population registration sample, title deeds (if available), and other required documents must be prepared. Heirs can apply together or apply with a power of attorney. The court identifies the heirs and issues the document. A certificate of inheritance is the official document required for inheritance distribution and title procedures.

Yes, under certain conditions, you may have the right to severance and notice compensation if you are fired. Severance pay is paid to employees who have worked for at least one year and whose employment contract has been terminated. Severance pay = Last monthly gross salary × Years worked × 30. Notice compensation is calculated according to the notice period before the contract termination date. These rights do not arise in case of justified termination. It is recommended that you consult a labor law attorney for detailed information.

A reinstatement case is filed when the employee claims they were wrongfully terminated. The case must be filed with the Labor Court within 1 month from the termination date. In the case, the employee claims that the termination was unjust and requests severance pay, notice pay, and wage receivables. If the court decides that the termination was unjust, the employee can be reinstated or the employee can claim compensation. If a reinstatement decision is issued and the employer does not hire the employee within 10 days, additional compensation is paid.

Overtime pay is calculated according to the Labor Law. Work exceeding 45 hours per week is considered overtime. Overtime pay is 1.5 times the hourly wage. For weekend work, 50% (1.5x) additional pay is paid, and for work on national holidays and general holidays, 100% (2x) additional pay is paid. Overtime hourly wage = (Monthly gross salary / 225 hours) × 1.5. The employee must prove overtime hours in writing.

In case of a workplace accident, immediate medical intervention should be sought first. The workplace accident must be reported to the employer and the Social Security Institution (SGK) immediately. The workplace accident report must be made within 3 business days from the accident date. An employee who has a workplace accident benefits from health services provided by SGK and receives temporary disability benefits. In case of permanent disability, the employee can claim occupational disease and workplace accident compensation.

It is not mandatory to hire a lawyer in criminal cases, but it is strongly recommended. Especially in serious criminal cases (aggravated life imprisonment, life imprisonment, crimes requiring prison sentences of more than 10 years), it is quite difficult to defend without a lawyer. A lawyer manages legal processes, evaluates evidence, provides the best defense, and protects the client's rights. People with insufficient financial means can benefit from free defense attorney services assigned by the Bar Association.

Withdrawal of complaint is when the complainant withdraws their complaint. Withdrawal of complaint leads to different outcomes depending on the type of crime. In complaint-based crimes (insult, threat, sexual harassment, etc.), withdrawal of complaint ends the case. However, in public prosecution crimes (murder, theft, fraud, etc.), withdrawal of complaint does not end the case, but can be evaluated as a mitigating circumstance. Withdrawal of complaint is reported to the competent authorities in writing or orally.

Yes, a prison sentence can be postponed under certain conditions. Postponement of prison sentence (deferment of sentence execution) is a decision given by the court. Conditions for postponement may include the person not having received a prison sentence before, the sentence being less than 2 years (or less than 3 years for certain crimes), the person having a low tendency to commit crimes, and public security not being compromised. The postponement period is determined provided that the sentence period does not exceed 5 years. If a new crime is committed during the postponement period, the postponement decision is revoked.

Settlement (mediation) is making an agreement between the perpetrators of the crime and the victims and ending the criminal case according to this agreement. Settlement can be applied in certain crimes (theft, fraud, insult, etc.). For settlement, conditions such as the victim's consent, the perpetrators' remorse, and compensation payment are required. As a result of settlement, the criminal case ends and does not go on criminal record. Settlement is conducted by the Public Prosecutor's Office or the court.

Documents required for real estate sale include: deed, identity document (Turkish ID card or passport), real estate declaration, tax plate or tax liability certificate, building use permit, occupancy certificate (if available), ground survey report (for new buildings), title fees, and notarized sale contract. Additionally, the sale transaction must be officially registered at the land registry office. It is recommended that you consult a real estate attorney during the sale process and learn about tax obligations.

Rent increase is determined according to the conditions specified in the lease agreement and the Turkish Code of Obligations. If an increase rate is specified in the contract, that rate applies. If not specified, the CPI (Consumer Price Index) increase rate applies. In residential rents, the annual increase cannot exceed CPI. In commercial rents, if there is a different provision in the contract, that applies. Rent increase applies from the date the lease agreement is renewed and must be notified to the tenant in writing.

Condominium ownership is the acquisition of independent sections of a building separately. For condominium ownership to be established, the building must have a building use permit and occupancy certificate, independent sections must be defined, and condominium ownership registration must be made. For condominium ownership establishment, an application is made to the land registry office, required documents are submitted, and registration is made by the land registry director. After condominium ownership is established, independent sections can be processed with separate deeds and condominium owners jointly manage the common areas of the building.

Enforcement proceedings begin when the creditor applies to the Enforcement Office. The application must include a debt document (check, promissory note, court decision, debt instrument obtained from a notary, etc.). The Enforcement Office sends a payment order to the debtor. If the debtor does not object within 7 days, seizure procedures begin. In case of objection, the enforcement court makes a decision. Enforcement proceedings are generally a fast and effective collection method. It is important to get support from an enforcement attorney throughout the process and identify the debtor's assets.

An objection to enforcement proceedings must be made by the debtor within 7 days from the service of the payment order. The objection can be made to the Enforcement Office in writing or orally with a record. For the objection to be valid, evidence must be presented showing that there is no debt, the debt has been paid, the statute of limitations has expired, or the debt document is invalid. When an objection is made, enforcement proceedings are suspended and the case is transferred to the enforcement court. If the enforcement court finds the objection justified, the proceedings are cancelled; if it finds it unjustified, the proceedings continue.

An attachment procedure is the process by which an enforcement officer identifies the debtor's assets and attaches them up to the amount of the debt. Attachment can be made on the debtor's movable and immovable property, salary and wages, bank accounts, and other rights. The attachment procedure is notified to the debtor and an attachment record is prepared. Attached assets are kept under protection until the sale process. After attachment, assets are sold and the debt is collected. The debtor can object to the attachment procedure.

Company formation procedures are done according to the Turkish Commercial Code. For limited company formation, the number of partners must be at least 1, capital must be at least 10,000 TL. For joint stock company formation, the number of partners must be at least 1, capital must be at least 50,000 TL. For company formation, a company agreement is prepared, approved at a notary, registered with the Trade Registry Office, and an application is made to the tax office. It is important to consult a commercial law attorney in company formation.

Commercial disputes are first attempted to be resolved through negotiation and mediation. If no agreement is reached, a lawsuit is filed with the Commercial Court. Commercial disputes may arise from commercial contracts, creditor-debtor relationships, company partnership disputes, trademark-patent infringements. Commercial courts resolve commercial disputes with special procedures and decide faster. In commercial disputes, it is important to consult a commercial law attorney and prepare evidence.

A power of attorney is the authorization given by one person to another person to perform certain transactions. There are two types: general power of attorney and special power of attorney. While general power of attorney gives broader powers, special power of attorney is only valid for a specific transaction. The power of attorney is prepared and signed at a notary. The attorney acts within the framework of the powers granted by the power of attorney. A power of attorney can be indefinite or given for a specific period. Revocation of power of attorney is done at a notary.

The statute of limitations (dava süresi) varies depending on the type of crime or legal transaction. In the law of obligations, the general statute of limitations period is 10 years. For commercial receivables, there is a 5-year statute of limitations period; for rent receivables, 5 years; for wage receivables, 5 years. In criminal law, statute of limitations periods vary according to the severity of the crime (20-30 years for serious crimes, 5-10 years for simple crimes). When the statute of limitations period expires, the right to file a lawsuit is lost.

Court fees vary depending on the type of case and the amount claimed. In monetary cases, a graduated fee tariff is applied according to the claimed amount (between 0.2% and 1% depending on the amount). In divorce cases, there is a fixed fee, and in enforcement proceedings, fees are charged according to the enforcement amount. Court fees are paid when applying to the court and are updated annually. In addition to court fees, there may also be appeal fees and other expenses. For detailed fee information, the Ministry of Justice tariffs can be consulted.