Divorce is a legal consequence in which the marriage union is terminated with a divorce case. The de facto union in marriage ends legally with divorce. Divorce is a natural process like marriage, which may occur in different situations such as spouses' disagreement for various reasons, such as; cheating, avoiding sexual intercourse, committing a crime, insulting, slander, and physical violence.
Couples who have managed to live together for years may decide to divorce for simple reasons. Divorce, which has an important place in civil law, can also be a process that wears out couples. Getting support from a divorce lawyer is important for the process to be concluded quickly. So what is a divorce? How to open a divorce case? What are the grounds for divorce? Our article, in which we provide answers to these and many similar questions, will guide you through the divorce process!
What is a Divorce?
Divorce is a term used theoretically to mean "the dissolution of a marriage". Divorce, a legal situation in which family courts are most concerned, is the legal termination of the marriage relationship. Family law lawyers follow the divorce case. Divorce law includes many issues, from property division to child custody.
What is Divorce Law?
Divorce law is a process that covers many issues, from divorce cases to property division, from child custody to alimony. The competent court in the divorce case is the family court. Divorce is an intensely emotional process followed by a divorce lawyer and concluded by family courts.
The legal process of the spouses in divorce is also a situation that requires sensitive human skills. For example, which side will have custody of the children? Complex issues such as who has the right to how much in the division of property are a tiring and stressful process for both parties and divorce lawyers.
What Are The Reasons For a Divorce?
Divorce, which means "legal termination of marriage", may be possible while the spouses are alive. The marital status of the spouses is recorded as "married" in the population records. After the divorce case, the marital status of the spouses changes to "divorced" with the court's decision to divorce. With the divorce, the rights and obligations of the parties arising from marriage come to an end. So, what are the reasons for a divorce?
The reasons for divorce are regulated in Articles 129 to 134 of the Civil Code. For divorce, one of the reasons stated in these articles must have occurred. Spouses who have decided to divorce start to look for answers to many questions such as how to get an uncontested divorce, in which cases there is no divorce, and the reasons for divorce in a single session.
Here are the most important reasons for divorce;
- Abuse of Life: "Intent against life or
mistreatment" is regulated as one of the grounds for divorce
in the Civil Code. Mistreatment is physical and psychological
violence. For example, acts such as; torture, physical violence,
forced sexual intercourse, throwing into the street, starvation and
intimidation are painful. For this reason, it has an important
place among the reasons for divorce.
- Adultery: Adultery is when a married man or
woman has sexual intercourse with another person. When it comes to
divorce, it doesn't matter who committed adultery.
- Committing a Crime: Disgraceful crimes,
defined as "crimes" in the law, are grounds for divorce.
Crimes called "committing a crime and leading a dishonourable
life"; are the acts that are considered crimes in a wide range
from theft to smuggling, from bribery to fraud, from rape to fraud,
and embezzlement.
- Violence: Physical violence is both grounds
for divorce and requires criminal action. The spouse who has been
subjected to physical violence can file a criminal complaint and
file for divorce. The violence that undermines the marriage union
to be the subject of a divorce case must be applied before it is
filed. Compensation may also be available if violence has been
committed after the divorce.
- Excessive Jealousy: Acceptable jealousy can
strengthen the marriage, while excessive jealousy can be a reason
for divorce.
- Avoiding Sexual Relationship: Sexual
intercourse is one of the obligations of marriage to spouses.
Avoiding sexual intercourse without a health problem is considered
a "defect". In this case, it becomes a legitimate reason
for divorce for the other party.
- Abandonment: The spouse's leaving the
residence is one of the justified grounds for divorce. The point to
be considered here is that the spouse who leaves the house leaves
the house to escape from the responsibility of marriage. Leaving
the house due to various obligations is not a reason for
divorce.
- Mental Illness: Having a mental illness in one
of the spouses may hinder the expectation of a healthy continuation
of the generation. For this reason, mental illness is considered a
reason for divorce in the law. A marriage made despite mental
illness is void with absolute nullity; it can be annulled.
According to the law, conditions such as the continuation of the
mental illness for three years and the impossibility of recovery
are required for the mental illness to be grounds for
divorce.
- Family Intervention: Intervention of the family of one of the spouses in the joint life of the spouses in a way that undermines the marital union can be a reason for divorce.
Apart from the above-mentioned reasons for divorce, reasons such as economic violence, psychological violence, insulting the family, slander, gambling, emotional relations on social media, and not taking care of the sick spouse can also be reasons for divorce that shake the marriage union.
How to File a Divorce Case?
The divorce case can be opened in two different ways; uncontested divorce case and contested divorce case...
Uncontested Divorce Case
As the name suggests, an uncontested divorce case is a type of divorce case in which the spouses agree on all matters related to divorce. The matters agreed upon in this case are clearly stated in the divorce protocol. It is important to get support from a family law expert divorce lawyer to avoid legal problems in the protocol of the uncontested divorce case. In an uncontested divorce, the spouses must remain married for at least one year. So, how to open an uncontested divorce case?
In this case, the spouses prepare a petition for divorce, together with the protocol that includes their agreement on divorce and matters related to divorce. The petition for an uncontested divorce is submitted to the family court in three copies. When the divorce fee is paid, the uncontested divorce case is opened. Spouses can freely agree on issues such as alimony, custody, and property division in a consensual divorce. For answers to questions such as how long an uncontested divorce lasts and what are the terms of an uncontested divorce, support from an expert divorce lawyer should be sought.
Contested Divorce Case
This lawsuit is filed when the spouses who decide to divorce cannot agree on matters related to the divorce. So, how to open a contested divorce case? First of all, a divorce petition is duly prepared. This petition is submitted to the competent court. Finally, it ends with the payment of court fees. This answers the question of how to open a contested divorce case.
The divorce petition is submitted to the family courts. The family court may be the place of residence of one of the spouses or the court where the spouses have resided together for the last six months. In this case, the petition is submitted to the authorised family courts in three copies. If there is no family court in the courthouse where the petition is filed, it is submitted to the civil court of the first instance. How long does a contested divorce take? What are the rights of women in a contested divorce case? The answers to these questions are among the questions that the divorce lawyer can answer due to the evaluations they will make regarding the divorce process.
Sharing of Property in a Divorce
Divorce imposes some responsibilities on couples. One of them is a fair distribution of property. Divorced spouses must share their property in line with their legal assets. When the divorce case is concluded, the property division process begins. If there is a property-sharing agreement between the spouses in divorce, this agreement is taken into account. If there is no contract, the property division law comes to the fore.
Getting support from a lawyer specialising in divorce in the division of property in the divorce case will prevent the loss of rights. Otherwise, one of the spouses may face problems such as property abduction in divorce. The divorce lawyer will also support you in matters such as which property will not be shared in the divorce. In addition, the answers to questions such as how the houses and cars sold before the divorce are shared within the framework of the Supreme Court decisions are among the topics that divorce lawyers can support in the divorce process.
Wedding Gifts in a Divorce
One of the common problems in divorce cases is who owns the wedding jewellery in divorce. The Supreme Court has established a clear jurisprudence on this issue. Accordingly, wedding jewellery and money worn at the wedding belong to the woman. The decision of the Supreme Court on this matter; "On the contrary, if there is no agreement or custom rule specific to that region, ornaments and jewellery and money belong to the woman," they decided. According to this decision, wedding jewellery is given to the woman in divorce. On the other hand, the man may request jewellery in the divorce case.
What Are The Terms to Know About Divorce?
- Custody: It means which one of the divorced parties will have rights over the child or children.
- Marriage Contract: It is an agreement between the parties before marriage. In the event of divorce or death, they give up their future rights over each other's property.
- Specification: An agreement between divorced spouses resolves their problems and is usually subordinated to court decisions.
- Sharing of Assets: All property acquired by one of the spouses after the date of marriage is considered "marital property". These goods are subject to fair distribution.
- Alimony: Alimony or spousal support is a monthly payment made by one spouse to another under a settlement agreement or court order. It is granted against the unfair economic effects of divorce.
- Compensation: In divorce cases, the faulty party may have to compensate the less faulty or faultless party. The family court decides on pecuniary or non-pecuniary damages. Evidence of fault is required for compensation.
Divorce Lawyer in Turkey
Divorce cases are one of the most complex and intricate cases. Some cases can take years. Divorce lawyers are lawyers who can ensure that the divorce is completed without loss of rights during the divorce process. Divorce lawyers should have full knowledge of family and divorce law legislation. In particular, they should have legal knowledge about family cases. Otherwise, loss of rights of the client may occur.
How to open a divorce case? If the woman files for divorce, what happens if the man does not accept? How is property divided in a divorce? How to open an uncontested divorce? These are highly technical and legal questions. Those looking for answers to these questions should contact an expert divorce lawyer!
Divorce Lawyer Fees in Turkey
A divorce lawyer takes an active role in divorce proceedings. The bar association determines divorce attorney fees. According to the 2022 Minimum Attorneyship Fee Schedule, the attorney fee for divorce proceedings is ?5.100,00. This divorce lawyer fee is the minimum amount valid in Turkey. This fee may vary depending on the case and developments in the process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
