Spouses have some responsibilities and obligations towards each other throughout the marriage from the day the marriage union started. Every spouse has to be faithful to his spouse during the marital union. Loyalty is one of the most important obligations of marriage union. The obligation of loyalty will only end with the dissolution of the marital union. Marriage union, on the other hand, ends in two ways, in the event of death and with the realization of official divorce.
ANY OTHER RELATIONSHIP AFTER THE DIVORCE ACTION IS FILED
Until the decision of the divorce case is finalized, the spouses have to fulfill their marital obligations towards each other. Because until the decision is finalized, the spouses are still married and the obligations of the marriage union continue. Not only obligations, but also rights continue. For example, the title of heir of the spouse in case of death before the divorce case is concluded. (Only if the heirs’ conditions are met, it may be possible to continue the case.)
Even if the spouses demanded their divorce in the process, their marriage obligations will continue until their divorce is decided. With the finalization of the divorce decision, the loyalty obligation of the spouses will also disappear. According to Article 185 of the Turkish Civil Code, spouses must live together, help each other and remain faithful. The fact that there is an ongoing divorce case between the spouses does not mean that the parties’ obligations of loyalty to each other end”, he stated that the parties should remain faithful to each other while the divorce case continues. finalized when the procedures are completed. If cheating occurs between the spouses while the divorce case is continuing, or if they act inconsistently with the obligation of loyalty, their responsibilities will arise, and by combining it with the filing of a separate lawsuit, deception will be given importance when determining the defect rates in the divorce case.
WHAT HAPPENS IF CHARGING HAPPENS AFTER THE DIVORCE ACTION HAS BEEN FILED?
According to the procedural rules, the case is decided on whatever the subject of the case is. The reasons that emerged later cannot be the subject of the ongoing lawsuit. In HMK m.141/1, the parties freely submit their reply and second reply petitions; In the preliminary examination phase, they can expand or change their claims or defenses only with the express consent of the other party. If one of the parties does not come to the preliminary examination hearing without an excuse, the arriving party may expand or change its claim or defense without seeking his consent. The claim or defense cannot be extended or changed after the preliminary examination phase has been completed. It has been clearly decided in which litigation process the claim subject to the case can be extended and in which litigation process it cannot be extended.
WHAT SHOULD BE DONE AFTER THE DIVORCE ACTION IS FILED?
As a rule, only the events reported in the lawsuit petition determine the boundary of the lawsuit and only the court can examine and evaluate these events. It is not possible to evaluate and take the decision as a basis for a material fact that occurred after the date of the lawsuit.
According to this rule, if the mentioned stages have passed, the plaintiff or the defendant cannot add it to the case, if there is a new event and evidence has been formed while the case is continuing, they cannot add it to the case, they cannot present it as additional evidence, the newly occurring events can only be the subject of a new case after this stage. If the parties have filed a lawsuit for a reason for divorce other than cheating, and if cheating has occurred while that lawsuit is ongoing, this situation will not affect the ongoing divorce lawsuit and cannot be added as evidence. In this case, if the parties learn that cheating has occurred during the divorce process, they can open a new divorce case and request the consolidation of the cases. Only in this way, the new case, the reason for the lawsuit and the evidence can be asserted in the divorce process. In this context, there is no need to wait for the conclusion or finalization of the ongoing lawsuit in order to file a divorce lawsuit and request a merger due to cheating.