Family Issues and Divorce Cases
Family Issues and Divorce Cases
Marriage is a dream of a happy ending for all of us. However, sometimes life has other plans for us. If you are considering divorce; what options and rights do you possess, in this article, Serka Law Firm gathered the legal information you need to know in general terms.
Legal Definition and Types of Divorce
Marriage, issued by a civil servant, can only be terminated with the decision of a judge by uncontested or contested divorce cases (According to the Civil Code No. 4721). Divorce cases have entitled a type of lawsuit carried out in the family court by applying different procedural rules than other private law cases. Legal problems that are the attachment of divorce might embody as alimony, financial and moral compensation, sharing of household items, and so forth. Therefore, it is better to be represented by an attorney who could save you from these burdens.
- Uncontested Divorce: Separation type happens when both parties agree on all the consequences of the divorce and end the marriage union.
- Contested Divorce: The type occurs when one or both parties cannot be agreeing on financial and moral compensation, alimony, custody, sharing of household items. Contested divorce files are examined based on two categories of reasons: general or specific grounds for divorce.
- General Grounds: Incompatibility, dispute due to temperament, insults, violence, disturbing behaviors, failure to fulfill marital obligations are general grounds of divorce. Any variations of these behaviors or actions can be a reason to divorce.
- Special Grounds: According to the Turkish Civil Law, specific reasons for divorce follows as:
- Adultery (Article 161/TCL)
- Attempt on life, misbehavior, or indignity (Article 162/ TCL)
- Delinquency or living a dishonorable life (Article 163/ TCL)
- Desertion (Article 164/ TCL)
- Mental illness (Article 165/ TCL)
How to File an Uncontested Divorce?
Uncontested divorce proceedings a precondition of one-year of marriage. Parties must stay married for at least one year. Turkish Civil Law doesn’t count time of engagement and, marriage under religious doctrine as legal. After one year, one or both parties file a divorce. They must write a petition that says that both parties have consent for divorce.
How to File a Contested Divorce?
If the existence of a special ground for divorce (Articles 161-165) is proven, the judge must make a divorce or separation decision. The plaintiff doesn’t have to prove the other party’s fault or the effects of the act. They only must prove the special ground for divorce is enough to make a divorce decision.
You might wonder whether you have right to file a divorce for both special and general grounds. Yes, you possess that right. If the divorce case has been filed based on both general and a special ground for divorce, the court must decide separately on general and specific reasons. However, if your lawsuit is filed on the ground of a special reason for divorce, the court cannot finalize your divorce with jurisdiction regarding the general grounds for divorce by special grounds.