Question 1

How much is the legal consultation fee?

Accepted Answer

Attorney fees are set according to the scope, duration and complexity of the matter, and may not be lower than the “Minimum Attorney Fee Tariff” published each year by the Union of Turkish Bar Associations. Please contact our office for detailed information.

Question 2

How long will my case take?

Accepted Answer

Case durations vary depending on the courts’ workload, the type of case, the speed of gathering evidence and judicial recesses. As Kubat Law, our goal is to conclude legal proceedings as quickly and effectively as possible.

Question 3

How long must a couple be married for an uncontested divorce?

Accepted Answer

To file for an uncontested divorce, the spouses must have been married for at least 1 year — this is a legal requirement. For marriages shorter than 1 year, only a contested divorce can be filed.

Question 4

Who is granted custody of the children in a divorce?

Accepted Answer

When deciding on custody, the court takes “the best interests of the child” as its basis. The child’s age, education, established routine and the parents’ living conditions are examined carefully. Custody of children at an age still needing maternal care is usually granted to the mother.

Question 5

Can an employee who resigns receive severance pay?

Accepted Answer

As a rule, an employee who resigns is not entitled to severance pay. However, severance may still be due in cases of termination for “just cause” — such as military service, retirement, marriage (for women, within 1 year) or the employer’s wrongful conduct (unpaid wages, mobbing, etc.).

Question 6

What is the deadline to file a reinstatement (unfair dismissal) claim?

Accepted Answer

An employee whose contract is terminated must apply to a mediator within 1 month from the date the dismissal is notified. This is a strict (preclusive) time limit.

Question 7

When can I file an eviction case if the tenant does not pay rent?

Accepted Answer

If the rent is not paid, a notice is served on the tenant through a notary. If two valid notices are served within one lease year, an eviction case may be filed at the end of that year. Alternatively, enforcement proceedings can be started for the unpaid rent, granting a 30-day payment period; if no payment is made, the eviction process accelerates.

Question 8

Must 5 years pass to file a rent-adjustment (determination) case?

Accepted Answer

Yes. To have the rent set at market value independently of the statutory increase rate (CPI), at least 5 years must have passed since the lease agreement.

Question 9

What is the maximum detention (custody) period?

Accepted Answer

For individual offences, custody may last at most 24 hours from the moment of apprehension. For collectively committed offences, or depending on the state of the evidence, this period may be extended by a judge’s decision.

Question 10

When is a criminal record (judicial record) erased?

Accepted Answer

Once the sentence has been fully served, the judicial record is moved to the “archive”. After certain periods have elapsed and an application is made to the court (e.g. restoration of forfeited rights), the judicial-record data can be erased entirely.

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