Frequently Asked Questions

Uncontested divorce cases — where the parties fully agree on the financial consequences of the divorce (alimony, damages, division of property) and, where there is a child, on custody and visitation, and where the protocol is prepared completely in accordance with TMK Art. 166/3 — can usually be concluded in a single hearing, on average within 1-2 months depending on the court's caseload. The statutory precondition is that the marriage has lasted at least 1 year; an action filed before this period has passed cannot proceed as uncontested and converts to the contested procedure. At the hearing, the judge must hear the parties (and, where relevant, the children) in person and be satisfied that their consent was formed freely and without pressure; for this reason, one party's failure to attend the hearing, or an incomplete or contradictory clause in the protocol, can prolong the process and even turn it into a contested divorce. A protocol that clearly covers the alimony amount, the method of payment, damages, household goods, and any custody-visitation arrangement reduces both the duration of the process and the risk of renewed litigation later. Once the protocol is approved by the court and the judgment becomes final, changing it through a new action is not easy; it is therefore essential that the protocol be prepared completely at the first stage, balancing the interests of both parties.

No — you are strongly advised to consult a lawyer before giving any statement. What you say during the statement forms the foundation of the investigation file and is extremely difficult to correct later; a contradiction in the first statement can become the weakest point of the defense at later stages of the trial. Under CMK Art. 147, you must be reminded of your rights before the statement: the right to remain silent except as to your identity details, the right to choose defense counsel and benefit from their legal assistance, the right to request that the bar association appoint a free lawyer if your financial situation does not allow one, and the right to request the collection of evidence in your favor. Giving a statement in the presence of defense counsel is your legal right and cannot be held against you; the lawyer checks the lawfulness of the questions and ensures the record accurately reflects what you said. Clarifying the capacity in which you are summoned (witness or suspect) is also important, because your rights differ according to that capacity. If you contact our office before the statement date, the scope of the file is assessed and the statement is prepared together; for urgent situations, we try to arrange a same-day consultation.

The objection period depends on the type of proceedings, and this distinction is critical. In proceedings without a judgment through the general attachment route, the debtor must object to the enforcement office within 7 days of service of the payment order (İİK Art. 62); an objection filed in time automatically stays the proceedings. In proceedings specific to negotiable instruments (checks, promissory notes, bills of exchange), objections to the debt and to the signature are made within 5 days — and to the enforcement court, not the enforcement office (İİK Arts. 168-169); moreover, this objection does not, as a rule, stay enforcement steps other than the sale. In eviction-request proceedings based on rent receivables, the objection period is again 7 days, but the payment period in the payment order is 30 days for residential and roofed workplace leases. The objection must state clearly whether it targets the whole debt, part of it, or only the signature; in a partial objection, the objection is deemed invalid if the amount is not specified. If the deadline is missed, the proceedings become final and the attachment stage begins; at that point only narrower routes remain, such as a late objection and a negative declaratory action. Consulting a lawyer on the very day the payment order reaches you is the safest way to identify the correct objection forum and scope.

Under Article 18 of the Labor Law, three conditions must be met together for reinstatement protection: the workplace (or the same employer's several workplaces combined) must employ at least 30 workers, the employee must have at least 6 months of seniority, and the employment contract must have been terminated by the employer without a valid reason being shown. An application to mandatory mediation must be made within 1 month of service of the termination notice; this period is preclusive, and missing it leads to dismissal of the case without examination of the merits. If no agreement is reached in mediation, the lawsuit must be filed with the labor court within 2 weeks of the date of the final report. Because labor courts treat these as expedited matters, the trial proceeds relatively quickly; it can conclude at first instance within roughly 4-8 months, though the appellate review — whose decision is final — usually takes several more months. If the court finds the termination invalid, the employer must reinstate the employee within 1 month; if it does not, it becomes liable for compensation of 4-8 months' wages plus wages for the idle period (up to 4 months). The employee must apply to the employer to resume work within 10 business days of the judgment becoming final; if this period is missed, the termination may become valid — which is why the timeline of these steps should be planned together with a lawyer.

In commercial cases whose subject matter is a monetary receivable or damages, applying to a mediator before filing suit is mandatory. If the mediation stage is skipped, the case is dismissed on procedural grounds. The process is typically completed within 6-8 weeks.

Either can be formed with a single shareholder. The minimum capital is TRY 250,000 for a joint-stock company and TRY 50,000 for a limited liability company. A joint-stock company suits structures seeking ease of share transfer, the possibility of going public, and tax advantages on share disposals; a limited liability company suits simpler management.

The reserved share is the portion of the statutory share that the decedent cannot take away, even by will. Descendants (children, grandchildren), parents, and the surviving spouse are reserved-share heirs. An heir whose reserved share has been infringed can bring an action for reduction (tenkis).

A tenant can be evicted only on the grounds enumerated in the law, and each route has its own timing condition. The fastest route is enforcement proceedings or a lawsuit based on a written eviction undertaking given after the lease agreement; action must be taken within 1 month of the vacating date written in the undertaking (TBK Art. 352/1). If the landlord, their spouse, descendants, or ascendants have a genuine housing or workplace need, an eviction action based on need can be filed within 1 month of the end of the lease term (TBK Art. 350); premises vacated by this route cannot be leased to anyone else without just cause for 3 years. Against a tenant who caused two justified notices for non-payment within one lease year, an action can be filed within 1 month of the end of that lease year (TBK Art. 352/2). A tenant who fails to pay rent is given at least 30 days by written notice; if payment is not made, termination and eviction for default come into play (TBK Art. 315). In addition, in leases whose 10-year extension period has expired, termination by notice is possible (TBK Art. 347). The wrong route or a missed deadline can set the process back by a full lease year; the strategy must therefore be chosen correctly from the start.

The period runs from the day following written notification of the act; it is 60 days before the administrative courts and 30 days before the tax courts. If an application is first made to the administration, the filing period is suspended; upon rejection of the application, or if it goes unanswered for 30 days, the remaining period resumes.

Yes. If the defect affects the vehicle's value or use, the consumer may exercise one of the optional remedies: free repair, replacement with a defect-free equivalent, refund, or a price reduction. The Court of Cassation protects replacement and refund claims where the defect is significant.

The judge exercises discretion, weighing the gravity of the incident, the degrees of fault, the parties' economic and social circumstances, and the depth of the pain and suffering endured. Non-pecuniary damages cannot serve as a means of enrichment, but they must be substantial enough to have a deterrent effect.