Divorce Cases

DIVORCE CASES-1

The marriage union established in front of legal authorities can be terminated as a result of a judge's decision through a divorce case. Divorce cases 'contested divorce cases' and 'uncontested divorce cases' is analyzed under two headings. 

1-Contested divorce cases: In cases where there is a dispute about which party is at fault in terms of fault, alimony, compensation and custody, a contentious divorce case is in question. Contested divorce cases are divided into two parts under the headings of general grounds for divorce and special grounds for divorce. According to this

aGeneral grounds for divorce: the breakdown of the marriage union is based on the reasons for the inability to establish a common life (e.g. disagreement, arguments, insults, etc.).

bSpecial grounds for divorce: Special grounds for divorce are listed one by one in our Law. According to this

  • Adultery
  • Cast on life
  • Very bad and degrading behavior
  • Committing crimes and leading a life without dignity
  • Abandonment and mental health

 

2- Uncontested divorce cases: If the parties whose marriages have lasted for at least 1 year apply to the court together or one of the parties applies to the court and the case of the party applying to the court is accepted by the other party, the first step for the uncontested divorce case is taken. Then, the parties themselves present their statements before the judge and the judge listens to them. Divorce is a strictly personal right. For this reason, it is not possible for a lawyer to appear on behalf of the parties before the judge and declare the will for divorce. In addition to the will to divorce before the judge, issues such as custody relationship, compensation, child custody and the parties' relationship with the children are declared according to the agreement made between them. The judge must approve these issues, otherwise the judge may change these issues. If the change to be made by the judge is accepted by the parties, an uncontested divorce can take place. Otherwise, if the parties do not accept these issues, the case turns into a contentious divorce case.