Consultancy in disputes arising from divorce, custody, alimony and family law.
Family law disputes should not be seen as merely consisting of a lawsuit petition, as they directly affect individuals' private lives and children's futures. Divorce, custody, alimony, jewelry claims, property regimes, and protective measures each have different conditions, evidence, and outcomes.
Attorney Ahmet Emre Çimen, in family law cases, protects the legal rights of the parties while considering the importance of communication and privacy. In the initial consultation, the duration of the marriage, the situation of the children, economic conditions, assets, existing measures, and the priorities of the parties are addressed separately.
Initial Evaluation in Family Law
Filing a contested lawsuit may not always be the most appropriate option in every case. The grounds for agreement, security risk, economic imbalance, and the need for urgent measures are evaluated together. If there is an allegation of violence or serious threat, protective and preventive measures should be taken up without delay.
Agreed and Contested Divorce
The Basis of Agreed Divorce
In an agreed divorce, the parties need to freely and openly reconcile on the financial consequences of the divorce and the situation of the children. Leaving headings such as alimony, compensation, custody, personal relationship, property division, and jewelry undefined in the protocol may later lead to new disputes.
Evidence Plan in Contested Divorce
The claims and defenses of the parties are supported by legally valid evidence. Messages, bank transactions, witnesses, medical records, and official documents must be related to the specific case. Obtaining evidence through methods that violate the privacy of personal life can also cause legal and criminal issues.
Situation of Children: Custody and Personal Relationship
The primary criterion in custody evaluation is the best interest of the child. Parents' financial capabilities alone are not decisive; care arrangements, education, health, a safe environment, and the child’s developmental needs are examined together. Personal relationship arrangements should be practical, clear, and suitable for the child's daily life.
Types of Alimony and Economic Evaluation
Interim alimony: Can be considered for temporary needs during the lawsuit.
Child support: Aims to contribute to the costs of the child's care and education.
Alimony due to poverty: Can be requested after divorce if the conditions in the law are met.
Assistance alimony: May be raised under certain close relationships and needs.
When determining the amount of alimony, the income of the parties, living conditions, expenses of the child, and fairness are taken into account. If there is a significant change in income, a request for increase, reduction, or termination can also be evaluated separately.
Property Division and Dowry Claim
A divorce decision does not automatically complete the liquidation of the marital property regime. The acquisition date of the property, its source, personal property claims, loan payments, and contributions are examined with documents. In dowry claims, the existence of the items, ownership, who currently has them, and whether they were returned are separate matters of evidence.
TitleHighlighted recordsPoints to consider
CustodySchool, health, and care arrangementsThe best interest of the child
AlimonyIncome and expense documentsCurrent economic conditions
Division of propertyTitle deed, bank, and credit recordsAcquisition date and financing
JewelryPhoto, video, and witnessClaim of delivery and possession
Family Mediation and Negotiation
Negotiation on financial matters that parties can freely dispose of can narrow the scope of the dispute. However, in situations where there is violence, pressure, or serious power imbalance, safety and free will take precedence. Every agreement must be enforceable and contain clear provisions.
Frequently Asked Questions
Can alimony be requested before filing for divorce?
Depending on the specific conditions, independent alimony or protective measures can be evaluated.
Is a lawyer necessary in an uncontested divorce?
It is not mandatory; however, legal review is beneficial due to the long-term effects of the agreement.
Is the child heard in court?
Considering the child's age, development, and the conditions of the file, an opinion can be obtained through expert evaluation.
Does property division end in the same case as the divorce?
In most cases, the division of property regime is handled as a separate process.
Can alimony be changed later?
If there is a significant change in economic or social conditions, a new evaluation can be requested.
The correct sequence in family law cases reduces unnecessary tension and the risk of loss of rights. Lawyer Ahmet Emre Çimen creates the evidence, request, and timeline specifically for the file, without ignoring the personal aspect of the process.