HOW TO OPEN A DIVORCE CASE

In order to file a divorce case, one of the spouses must prepare a petition for divorce. The party who wants to file an uncontested or contested divorce case should file a lawsuit in the Family Court. One of the parties wishing to divorce can file a divorce case by attaching two copies of the petition, the documents it wishes to attach, if any, and a photocopy of the identity card. If an uncontested divorce case is to be filed, an uncontested divorce protocol should be prepared together with the petition. After preparing the documents, the spouse who will file the divorce case can file a lawsuit by applying to the distribution office in the courthouse and paying the litigation fee. If we list the required documents;

-2 copies of the petition,

-Documents to be attached, if any,
-Copy of identity card,

-If an uncontested divorce case is to be filed, an uncontested divorce protocol will be required.
-A lawsuit can be filed after the documents are delivered and the lawsuit fee is paid.

you can read our other articles and petition examples by clicking here.

Lawsuit For Compensation Due To The Termination Of The Engagement

If the engagement is broken through the fault of one party, the other party will be in a certain amount of trouble both financially and spiritually. Perhaps he will even have experienced a spiritual collapse that he will not forget for the rest of his life. For this reason, the Civil Code has granted the parties the right to file a lawsuit for material and moral damages as a result of the breakdown of the engagement. He cannot be forced to marry by engagement, there is no such thing as an engagement will necessarily end in marriage. The parties can terminate the engagement at any time.

If the engagement does not end in marriage, there is no right to file a claim for compensation for the breakdown of the engagement. However, if one of the fiancees ends the engagement for an unfair reason, the person who has been harmed will have the right to ask for financial or moral compensation from the person who ended the engagement for an unfair reason. The right to file a claim for compensation will arise only in the event that the engagement was broken for no justifiable reason or was broken due to the fault of one party.

File for Divorce After Forgiveness Of Infidelity

The plaintiff, a woman in the unity of marriage be shaken (article 166 of the Turkish civil code) and adultery (deception) (Turkish Civil Code Article 161) based on requested divorce legal reasons, but the court decided to divorce because of adultery by the parties, if they made up the sides of the suit has been filed before the month of August of the year 2013 until the date 16/02/2015 the man performs the act of the defendant’s deception to the rejection of the case that can not be proven with the evidence that should you decide it is against the law for the establishment of procedures and terms in writing and required to break (2 of the Supreme Court. Legal Department – Decision : 2017/2771).

Negotiated Divorce Terms

The marriage union between the spouses must have lasted at least dec year.
Spouses must either apply to the court together for a divorce, or the divorce case filed by one party must be accepted by the other spouse.
It should be concluded that the spouses, when they are heard by the judge, make a statement of free will.
The agreed divorce protocol that the spouses will accept must be found appropriate by the judge.

Divorce Due To Abandonment And Alimony

If the divorce case based on the legal reason for abandonment (Turkish Civil Code article 164) is accepted, the fault belongs to the party who does not return to the common residence without a fully justified reason. Since the court accepted the divorce case based on the legal reason for the abandonment of the plaintiff-defendant husband, and the counter-divorce case based on the deterioration of the marriage union of the defendant-plaintiff woman (Turkish Civil Code Article 166/1), poverty alimony will not be awarded for the benefit of the fully flawed defendant-plaintiff woman. Without observing of the Turkish Civil Code article 175 , the appraisal of poverty alimony for the benefit of the defendant-plaintiff woman, rather than the rejection of the request, was contrary to the procedure and the law and required breaking it.(Court of Appeal 2. HD – Decision: 2014/494).

Action For Judicial Seperation

Before the contested or uncontested divorce case, the party that has the conditions of the divorce case and has the authority to file a lawsuit will request separation before these cases. Divorce or separation will be decided by the judge by looking at whether the reason for the divorce is proven or not. However, due to the principle of adherence to demand, the judge will not be able to rule on divorce in the face of separation demand. If the divorce requested in the lawsuit is filed, the judge will be able to decide on the separation if he or she considers that it is possible to re-establish the common life. The period given by the judge for separation is between 1 year and 3 years. The date on which the time to be given by the judge will begin is the moment when the separation clause becomes final. The separation will take place with the completion of the time given by the judge. Even if the common life has not been re-established within this period, it will now be possible to file a divorce case. In this case, the judge cannot decide on separation again.

Does The Presumption Of Death End The Marriage

Yes, it terminates. All personal rights of the person who has a presumption have expired and the death record of the population has been deducted. Therefore, death is one of the conditions that spontaneously ends the marriage union. Therefore, the surviving spouse will not need to take any actions, such as filing a lawsuit, to terminate the marriage.

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ACHIVEMENTS

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