Legal Questions and Answers

Read legal questions and answers from experienced Turkish lawyers and legal professionals.

Can I get an uncontested divorce based on abandonment?

Six months ago my husband left our house and did not return. He did not tell me he was leaving and has not contacted me since. I have no idea where he is living now. We do not have any children and the only property we own together is the house I am living in. Can I get a divorce from him based on abandonment? If so, how long does he have to be gone for me to qualify for the divorce? Will the judge be able to transfer the title of the house from our joint names to just my name? How long does the uncontested divorce process usually take? I live in Richmond, Virginia.

Richmond, VA

Mar 15, 2021

How do I enforce a prenup if my spouse contests it?

I am divorcing my wife and she is threatening to contest our prenuptial agreement. We wrote the agreement ourselves before we married and she knew exactly what she would get and what she would be giving up if we did divorce. Now she is claiming she didn’t understand her rights and didn’t know she could contact a lawyer to review it before signing it. I believe the agreement is fair and neither of us had an attorney so there was no advantage that either of us had over the other. What do I need to show the court to have this prenup enforced in the divorce? I stand to lose a lot of money and property if this agreement is thrown out. Does it matter that she didn’t consult an attorney?

Charlotte, NC

Mar 15, 2021

Can I still get alimony if I was unfaithful in my marriage?

I’ve been married for 27 years and was a stay at home mom most of that time. My husband is from Turkey and has a high level job with the U.S. government in Washington, DC. He earns a lot of money but does not share it with me. He is very controlling and verbally abusive. After years of this I was very unhappy and had a relationship with another man who was kind to me and supportive. My husband recently found out about this and says he will now divorce me and because of my infidelity, I will get nothing from him. I have no college education and currently no way to support myself. Will my unfaithfulness disqualify me from receiving any alimony or other financial support from him? Will it make a difference if I can prove that my relationship occurred as a result of my husband’s abusive and controlling behavior?

Washington, DC

Mar 15, 2021

Can I move without telling my child’s father if he’s abused her?

I believe my daughter’s father is abusing her sexually. She has made certain disclosures to me and I’ve noticed changes in her behavior. I’ve reported this abuse to the child protection agency in Memphis and they have started an investigation. However, I am told that I can’t stop all visitation between my husband and my daughter unless the abuse is proven. He denies everything and says he will file contempt against me and take me to court to get full custody of my daughter based on false allegations and me keeping her from seeing him. I will not permit my daughter to be abused anymore and I intend to relocate out of state until this investigation is over and he’s charged with abuse and convicted. Can I legally relocate without telling him and if not, what are the penalties for me doing so? I am only doing this to protect my daughter from further harm.

Memphis, TN

Mar 15, 2021

Can we adopt a child if we are not married?

My partner and I live in New Orleans and we want to adopt a child. We are not married but have been together over 10 years. We own a home together and generally behave as a married couple. We have not formally married because we were both married before and had bad experiences with divorce. We are committed to one another and see no reason for a formal wedding. We want to expand our family by adopting and want to know whether our marital status will impact our ability to adopt here. Do we have to be formally married to adopt in New Orleans? Is there common law marriage in Louisiana that would be sufficient to satisfy any marriage requirement?

New Orleans, LA

Mar 15, 2021

Does a shared custody arrangement change child support?

I currently have every other weekend visits with my children because I live 3 hours away from them. I will soon be moving to Cleveland where they live to be closer to them. I want to file for shared custody as soon as I move. Is there anything I have to show a court to gain shared custody other than that I will then be close enough to them to manage a 50/50 custody schedule? I can get them to school and their extracurricular activities. Also, I currently pay full child support to my ex. If I do gain shared custody, will that change my child support obligation? Do I have to ask for the child support change at the same time I request equal custody rights?

Cleveland, OH

Mar 15, 2021

What are the residency requirements for divorce in NC?

My wife and I married in Turkey and I am relocating to the U.S. for work. We are in the process of separating and she will remain here in Turkey. I will be moving to Raleigh, North Carolina. What are the residency requirements for obtaining a divorce there? How long do I have to live there before I can pursue the divorce? I would also like to know whether my wife will need to travel to the U.S. at any point for a divorce proceeding. She says she will not participate as she is opposed to the divorce and I am concerned that I will not be able to finalize the matter if she refuses to cooperate.

Raleigh, NC

Mar 15, 2021

What is the penalty for child abuse in Michigan?

I live in Detroit and I’ve been charged with physical child abuse of my son. I did not do this and I plan to fight this charge. I am told that I will have charges filed against me by both child protective services and the state of Michigan. I don’t understand why I am being charged twice by two different agencies. I need to know the difference between these two charges and the penalties for each. I am Turkish and believe that I am being discriminated against because of my nationality and my religious views regarding punishment of my child. What are the highest penalties for each of these charges and how can I locate a Turkish lawyer who has experience in both areas of the law?

Detroit, MI

Mar 15, 2021

Are prenup agreements legal and enforceable in Washington State?

I’m engaged to be married and my fiancé and I live in Seattle. We have discussed entering into a prenup because we have both been married before and want to protect assets we have already acquired during those relationships. We also want to preserve our estates for our respective adult children. However, the research I have done on the internet suggests that Washington disfavors prenups and may not enforce them. Is that true? If not, what do we need to do to ensure that any prenup we enter into is legal in this state. Is there a test the court performs to determine whether to enforce a prenuptial?

Seattle, WA

Mar 15, 2021

What are the grounds for an uncontested divorce in New York?

My spouse and I live in New York City and we want to move forward with an uncontested divorce. We don’t want to argue about anything and want to avoid going to court if possible. We are still living together at the moment but looking for separate residences that we can afford. Under what grounds are we permitted to file for divorce and must we be actually separated at the time we file?

New York, NY

Mar 15, 2021

What does a judge consider to modify custody in Maryland?

I am the father of two young daughters and my ex-wife and I share legal custody of them. I am Turkish and when my ex and I planned to have children we agreed that our children would be raised in the Islam faith, as we were raised. However, in recent months the mother has not adhered to this agreement and is allowing our daughters to behave in ways that are not in accord with the teachings of Islam. I want to modify legal custody so that I can control their religious upbringing and ensure that they are raised properly. We live in Baltimore. What will a judge here consider in my request to modify custody? Is my former agreement with my wife regarding raising our girls in the Islamic faith binding and enforceable? Will a judge consider it important in a modification case?

Baltimore, MD

Mar 15, 2021

Do Turkish laws apply to an adoption by nonresidents?

We are a married couple from the U.S. who will soon be moving to Turkey. When we settle in Turkey we want to adopt a child. I believe we will not be considered habitual residents because we are foreigners. In that case, we want to know whether the Turkish adoption laws will apply to our adoption, or will the law of the country in which we adopt the child apply? We also need assistance locating a Turkish lawyer with experience in both Turkish laws and international adoptions.

Miami, FL

Mar 15, 2021

Do I have to pay child support if I dispute paternity?

My ex is coming after me for child support but I do not think I am the father of the baby. I learned after we broke up that she was not faithful to me so I question paternity at this time. She has filed paperwork with the court and I only have a certain amount of time to file an answer. I need to know how to respond to her request for support and whether I can dispute paternity at the same time. What do I need to do to have a paternity test court ordered and am I required to pay any child support while the paternity matter is pending?

Oklahoma City, OK

Mar 15, 2021

Can my spouse drop me from his health insurance in a divorce?

My husband and I are divorcing and he keeps threatening that if I don’t give him the assets that he wants, he’ll cut off my health insurance. I have alot of medical problems and would be in a very bad spot if he does that. Can a court require him to provide coverage for me, at least until I get a job and can obtain my own coverage? I’m not sure I will even qualify for a different insurance because of my preexisting conditions.

Atlanta, GA

Mar 15, 2021

Does the child have to live with me before I adopt her?

I am from Turkey and I went back there recently and saw an orphanage. I fell in love with a young girl who lost her parents in the Syrian war. I want to adopt her but I need to get her here to Houston where I live. She has special needs and will require almost immediate medical care, which means that I need to be able to put her on my health insurance as quickly as possible. Is that a length of time we have to wait before we can finalize her adoption? How do I go about finding a Turkish lawyer who can help me with this?

Houston, TX

Mar 15, 2021

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