Woman's Using the Surname of Her Divorced Husband - Statute of Limitations
SUMMARY: The lawsuit for allowing the woman to use the surname of her divorced husband is not subject to the statute of limitations.
2nd Civil Chamber of the Court of Cassation
E: 2016/14239 K:2017/5023 T. 02.05.2017
The court decided to dismiss the lawsuit by accepting the defendant's objection of statute of limitations with respect to the lawsuit filed by the plaintiff woman regarding the permission to use the surname of her divorced husband, pursuant to Article 178 of the Civil Code.
The rights of action arising from the dissolution of marriage due to divorce are time-barred after one year from the finalization of the divorce judgment (Article 178 of the Civil Code). These rights of action are related to the accessories of the divorce that can be requested together with the divorce case or within 1 year after the finalization of the divorce judgment, and are not applicable to the case of allowing the woman to use the surname of her divorced spouse. Because this request is not an accessory of divorce. In other words, this case cannot be accepted as an annex to the divorce. As such, instead of going into the merits of the case, the court has accepted the defendant's objection to the statute of limitations and rendered a written judgment.
CONCLUSION
It was unanimously decided that the appealed judgment shall be DISMISSED for the reason shown above, the other appellate objections of the plaintiff shall not be examined according to the reason for the reversal, the pre-appeal fee shall be returned to the depositor upon request, and the way of decision correction shall be open within 15 days from the notification of this decision.
Research & Analysis
Family Law
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Personal Injury
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Criminal Law
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Using the Surname of a Divorced Spouse - Question & Answer
Yes. A divorced woman can apply to the court to continue using her ex-husband's surname. However, in order for this request to be accepted, the woman must must show a justifiable reason (e.g. for reasons such as professional recognition, compatibility with their children's surname).
No. This action is not subject to statute of limitations. Court, the requests for the woman to use her ex-husband's surname are not an ancillary (additional) result of the divorce and the 1-year statute of limitations under Article 178 of the TMK cannot be applied to this case stated.
Court, dismissed the case on the grounds that the request to use the ex-spouse's surname was time-barred. However since such cases are not subject to the statute of limitations The Court of Cassation overturned the decision.
You ex-wife, proves that the woman's use of her own surname has caused her harm (e.g., loss of business or personal reputation) the court may reject this request.